Specialty Impact Munitions
WelcomeldquoTrain today to
prepare for your opponent tomorrow
Introduction to Instructor
bull Professional- Graduated first Police Academy in 1985bull Personal ndash Studied various martial art styles in Judo
Jujitsu Russian Sambo Krav-Magra Japanese Shoot Fighting ground fighting styles prior to developing this course From 1988-1992 researched and studied 5 major DT Programs ndash LAPD Miami Metro Dade FBI NYPD DFW
bull Organizations ndash Chairman of PoliceOnecom Advisory Board Police Magazine Advisory Technical Advisor for Force Science Research Center Active member of ILEETA
bull Experience ndash Over 35 years of grappling martial arts experience and real world encounters
Introduction to ARMA Trainingbull Focuses on Technical
information needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies ONLY Conducts Instructor or Master Level Courses
ARMA TrainingPaperwork
ldquoIf it is not documented it didnrsquot HAPPEN
Student Waiver
Liability Form Ensure Officers are ldquoFit for Dutyrdquo Highlight Safety Concerns and
Issues in Class Shows ldquoDue Care for Studentsrdquo
Student Medical History Allows you to monitor your students
before classroom activities Allows the student to disclose any
medical concerns they may have directly to you
Allows you to get a feel for each students wellbeing
IMPORTANT Blood Pressure Warning
bull Ensures all students are medically safe and checks the pre-condition of their HEART BEFORE the class begins
bull Anything over14090 should be medially cleared to participate in training
Participation Acknowledgement Form
Allow you to clarify all expectations of what is expected of each student and instructor
Highlights important issues for instructor to set the pace with students
Clears all misunderstanding or confusion BEFORE the class begins
Failure to Respond to Training Form
Allow you to document any failed area for improving
future performance
Allows for student feedback
Documents level of proficiency
Student Injury Form
Allow you to document any injuries that happen during the course of the training programs
If itrsquos not recorded here it did not happen here
Documents injury and situation leading up to injury
First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food
What makes a Good System
Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)
Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)
Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)
Introduction to ARMA
bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world
Unique Training Methods and Partners
bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies
Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified
through a higher learning of education
Chapter 1
History of Specialty Impact Munitions
31
H istory of Specia lty Im pact M un itions
CorrectionsS pecia l C ircum stances
D C TS O R T
Law EnforcementP atro lS W AT
C row d M anagem ent
MilitaryM Ilitary Po lice
S R TC iv il D istu rbance
Specialty Im pact M unitions
Mr Scruff
Ninja Tuna track 1
2008
Electronic
34808167
eng - Ninja Tune Records
- Ninja Tune Records
Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property
32
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
WelcomeldquoTrain today to
prepare for your opponent tomorrow
Introduction to Instructor
bull Professional- Graduated first Police Academy in 1985bull Personal ndash Studied various martial art styles in Judo
Jujitsu Russian Sambo Krav-Magra Japanese Shoot Fighting ground fighting styles prior to developing this course From 1988-1992 researched and studied 5 major DT Programs ndash LAPD Miami Metro Dade FBI NYPD DFW
bull Organizations ndash Chairman of PoliceOnecom Advisory Board Police Magazine Advisory Technical Advisor for Force Science Research Center Active member of ILEETA
bull Experience ndash Over 35 years of grappling martial arts experience and real world encounters
Introduction to ARMA Trainingbull Focuses on Technical
information needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies ONLY Conducts Instructor or Master Level Courses
ARMA TrainingPaperwork
ldquoIf it is not documented it didnrsquot HAPPEN
Student Waiver
Liability Form Ensure Officers are ldquoFit for Dutyrdquo Highlight Safety Concerns and
Issues in Class Shows ldquoDue Care for Studentsrdquo
Student Medical History Allows you to monitor your students
before classroom activities Allows the student to disclose any
medical concerns they may have directly to you
Allows you to get a feel for each students wellbeing
IMPORTANT Blood Pressure Warning
bull Ensures all students are medically safe and checks the pre-condition of their HEART BEFORE the class begins
bull Anything over14090 should be medially cleared to participate in training
Participation Acknowledgement Form
Allow you to clarify all expectations of what is expected of each student and instructor
Highlights important issues for instructor to set the pace with students
Clears all misunderstanding or confusion BEFORE the class begins
Failure to Respond to Training Form
Allow you to document any failed area for improving
future performance
Allows for student feedback
Documents level of proficiency
Student Injury Form
Allow you to document any injuries that happen during the course of the training programs
If itrsquos not recorded here it did not happen here
Documents injury and situation leading up to injury
First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food
What makes a Good System
Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)
Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)
Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)
Introduction to ARMA
bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world
Unique Training Methods and Partners
bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies
Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified
through a higher learning of education
Chapter 1
History of Specialty Impact Munitions
31
H istory of Specia lty Im pact M un itions
CorrectionsS pecia l C ircum stances
D C TS O R T
Law EnforcementP atro lS W AT
C row d M anagem ent
MilitaryM Ilitary Po lice
S R TC iv il D istu rbance
Specialty Im pact M unitions
Mr Scruff
Ninja Tuna track 1
2008
Electronic
34808167
eng - Ninja Tune Records
- Ninja Tune Records
Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property
32
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Introduction to Instructor
bull Professional- Graduated first Police Academy in 1985bull Personal ndash Studied various martial art styles in Judo
Jujitsu Russian Sambo Krav-Magra Japanese Shoot Fighting ground fighting styles prior to developing this course From 1988-1992 researched and studied 5 major DT Programs ndash LAPD Miami Metro Dade FBI NYPD DFW
bull Organizations ndash Chairman of PoliceOnecom Advisory Board Police Magazine Advisory Technical Advisor for Force Science Research Center Active member of ILEETA
bull Experience ndash Over 35 years of grappling martial arts experience and real world encounters
Introduction to ARMA Trainingbull Focuses on Technical
information needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies ONLY Conducts Instructor or Master Level Courses
ARMA TrainingPaperwork
ldquoIf it is not documented it didnrsquot HAPPEN
Student Waiver
Liability Form Ensure Officers are ldquoFit for Dutyrdquo Highlight Safety Concerns and
Issues in Class Shows ldquoDue Care for Studentsrdquo
Student Medical History Allows you to monitor your students
before classroom activities Allows the student to disclose any
medical concerns they may have directly to you
Allows you to get a feel for each students wellbeing
IMPORTANT Blood Pressure Warning
bull Ensures all students are medically safe and checks the pre-condition of their HEART BEFORE the class begins
bull Anything over14090 should be medially cleared to participate in training
Participation Acknowledgement Form
Allow you to clarify all expectations of what is expected of each student and instructor
Highlights important issues for instructor to set the pace with students
Clears all misunderstanding or confusion BEFORE the class begins
Failure to Respond to Training Form
Allow you to document any failed area for improving
future performance
Allows for student feedback
Documents level of proficiency
Student Injury Form
Allow you to document any injuries that happen during the course of the training programs
If itrsquos not recorded here it did not happen here
Documents injury and situation leading up to injury
First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food
What makes a Good System
Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)
Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)
Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)
Introduction to ARMA
bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world
Unique Training Methods and Partners
bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies
Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified
through a higher learning of education
Chapter 1
History of Specialty Impact Munitions
31
H istory of Specia lty Im pact M un itions
CorrectionsS pecia l C ircum stances
D C TS O R T
Law EnforcementP atro lS W AT
C row d M anagem ent
MilitaryM Ilitary Po lice
S R TC iv il D istu rbance
Specialty Im pact M unitions
Mr Scruff
Ninja Tuna track 1
2008
Electronic
34808167
eng - Ninja Tune Records
- Ninja Tune Records
Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property
32
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Introduction to ARMA Trainingbull Focuses on Technical
information needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies ONLY Conducts Instructor or Master Level Courses
ARMA TrainingPaperwork
ldquoIf it is not documented it didnrsquot HAPPEN
Student Waiver
Liability Form Ensure Officers are ldquoFit for Dutyrdquo Highlight Safety Concerns and
Issues in Class Shows ldquoDue Care for Studentsrdquo
Student Medical History Allows you to monitor your students
before classroom activities Allows the student to disclose any
medical concerns they may have directly to you
Allows you to get a feel for each students wellbeing
IMPORTANT Blood Pressure Warning
bull Ensures all students are medically safe and checks the pre-condition of their HEART BEFORE the class begins
bull Anything over14090 should be medially cleared to participate in training
Participation Acknowledgement Form
Allow you to clarify all expectations of what is expected of each student and instructor
Highlights important issues for instructor to set the pace with students
Clears all misunderstanding or confusion BEFORE the class begins
Failure to Respond to Training Form
Allow you to document any failed area for improving
future performance
Allows for student feedback
Documents level of proficiency
Student Injury Form
Allow you to document any injuries that happen during the course of the training programs
If itrsquos not recorded here it did not happen here
Documents injury and situation leading up to injury
First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food
What makes a Good System
Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)
Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)
Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)
Introduction to ARMA
bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world
Unique Training Methods and Partners
bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies
Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified
through a higher learning of education
Chapter 1
History of Specialty Impact Munitions
31
H istory of Specia lty Im pact M un itions
CorrectionsS pecia l C ircum stances
D C TS O R T
Law EnforcementP atro lS W AT
C row d M anagem ent
MilitaryM Ilitary Po lice
S R TC iv il D istu rbance
Specialty Im pact M unitions
Mr Scruff
Ninja Tuna track 1
2008
Electronic
34808167
eng - Ninja Tune Records
- Ninja Tune Records
Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property
32
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
ARMA TrainingPaperwork
ldquoIf it is not documented it didnrsquot HAPPEN
Student Waiver
Liability Form Ensure Officers are ldquoFit for Dutyrdquo Highlight Safety Concerns and
Issues in Class Shows ldquoDue Care for Studentsrdquo
Student Medical History Allows you to monitor your students
before classroom activities Allows the student to disclose any
medical concerns they may have directly to you
Allows you to get a feel for each students wellbeing
IMPORTANT Blood Pressure Warning
bull Ensures all students are medically safe and checks the pre-condition of their HEART BEFORE the class begins
bull Anything over14090 should be medially cleared to participate in training
Participation Acknowledgement Form
Allow you to clarify all expectations of what is expected of each student and instructor
Highlights important issues for instructor to set the pace with students
Clears all misunderstanding or confusion BEFORE the class begins
Failure to Respond to Training Form
Allow you to document any failed area for improving
future performance
Allows for student feedback
Documents level of proficiency
Student Injury Form
Allow you to document any injuries that happen during the course of the training programs
If itrsquos not recorded here it did not happen here
Documents injury and situation leading up to injury
First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food
What makes a Good System
Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)
Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)
Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)
Introduction to ARMA
bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world
Unique Training Methods and Partners
bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies
Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified
through a higher learning of education
Chapter 1
History of Specialty Impact Munitions
31
H istory of Specia lty Im pact M un itions
CorrectionsS pecia l C ircum stances
D C TS O R T
Law EnforcementP atro lS W AT
C row d M anagem ent
MilitaryM Ilitary Po lice
S R TC iv il D istu rbance
Specialty Im pact M unitions
Mr Scruff
Ninja Tuna track 1
2008
Electronic
34808167
eng - Ninja Tune Records
- Ninja Tune Records
Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property
32
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Student Waiver
Liability Form Ensure Officers are ldquoFit for Dutyrdquo Highlight Safety Concerns and
Issues in Class Shows ldquoDue Care for Studentsrdquo
Student Medical History Allows you to monitor your students
before classroom activities Allows the student to disclose any
medical concerns they may have directly to you
Allows you to get a feel for each students wellbeing
IMPORTANT Blood Pressure Warning
bull Ensures all students are medically safe and checks the pre-condition of their HEART BEFORE the class begins
bull Anything over14090 should be medially cleared to participate in training
Participation Acknowledgement Form
Allow you to clarify all expectations of what is expected of each student and instructor
Highlights important issues for instructor to set the pace with students
Clears all misunderstanding or confusion BEFORE the class begins
Failure to Respond to Training Form
Allow you to document any failed area for improving
future performance
Allows for student feedback
Documents level of proficiency
Student Injury Form
Allow you to document any injuries that happen during the course of the training programs
If itrsquos not recorded here it did not happen here
Documents injury and situation leading up to injury
First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food
What makes a Good System
Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)
Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)
Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)
Introduction to ARMA
bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world
Unique Training Methods and Partners
bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies
Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified
through a higher learning of education
Chapter 1
History of Specialty Impact Munitions
31
H istory of Specia lty Im pact M un itions
CorrectionsS pecia l C ircum stances
D C TS O R T
Law EnforcementP atro lS W AT
C row d M anagem ent
MilitaryM Ilitary Po lice
S R TC iv il D istu rbance
Specialty Im pact M unitions
Mr Scruff
Ninja Tuna track 1
2008
Electronic
34808167
eng - Ninja Tune Records
- Ninja Tune Records
Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property
32
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Student Medical History Allows you to monitor your students
before classroom activities Allows the student to disclose any
medical concerns they may have directly to you
Allows you to get a feel for each students wellbeing
IMPORTANT Blood Pressure Warning
bull Ensures all students are medically safe and checks the pre-condition of their HEART BEFORE the class begins
bull Anything over14090 should be medially cleared to participate in training
Participation Acknowledgement Form
Allow you to clarify all expectations of what is expected of each student and instructor
Highlights important issues for instructor to set the pace with students
Clears all misunderstanding or confusion BEFORE the class begins
Failure to Respond to Training Form
Allow you to document any failed area for improving
future performance
Allows for student feedback
Documents level of proficiency
Student Injury Form
Allow you to document any injuries that happen during the course of the training programs
If itrsquos not recorded here it did not happen here
Documents injury and situation leading up to injury
First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food
What makes a Good System
Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)
Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)
Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)
Introduction to ARMA
bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world
Unique Training Methods and Partners
bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies
Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified
through a higher learning of education
Chapter 1
History of Specialty Impact Munitions
31
H istory of Specia lty Im pact M un itions
CorrectionsS pecia l C ircum stances
D C TS O R T
Law EnforcementP atro lS W AT
C row d M anagem ent
MilitaryM Ilitary Po lice
S R TC iv il D istu rbance
Specialty Im pact M unitions
Mr Scruff
Ninja Tuna track 1
2008
Electronic
34808167
eng - Ninja Tune Records
- Ninja Tune Records
Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property
32
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
IMPORTANT Blood Pressure Warning
bull Ensures all students are medically safe and checks the pre-condition of their HEART BEFORE the class begins
bull Anything over14090 should be medially cleared to participate in training
Participation Acknowledgement Form
Allow you to clarify all expectations of what is expected of each student and instructor
Highlights important issues for instructor to set the pace with students
Clears all misunderstanding or confusion BEFORE the class begins
Failure to Respond to Training Form
Allow you to document any failed area for improving
future performance
Allows for student feedback
Documents level of proficiency
Student Injury Form
Allow you to document any injuries that happen during the course of the training programs
If itrsquos not recorded here it did not happen here
Documents injury and situation leading up to injury
First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food
What makes a Good System
Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)
Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)
Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)
Introduction to ARMA
bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world
Unique Training Methods and Partners
bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies
Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified
through a higher learning of education
Chapter 1
History of Specialty Impact Munitions
31
H istory of Specia lty Im pact M un itions
CorrectionsS pecia l C ircum stances
D C TS O R T
Law EnforcementP atro lS W AT
C row d M anagem ent
MilitaryM Ilitary Po lice
S R TC iv il D istu rbance
Specialty Im pact M unitions
Mr Scruff
Ninja Tuna track 1
2008
Electronic
34808167
eng - Ninja Tune Records
- Ninja Tune Records
Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property
32
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Participation Acknowledgement Form
Allow you to clarify all expectations of what is expected of each student and instructor
Highlights important issues for instructor to set the pace with students
Clears all misunderstanding or confusion BEFORE the class begins
Failure to Respond to Training Form
Allow you to document any failed area for improving
future performance
Allows for student feedback
Documents level of proficiency
Student Injury Form
Allow you to document any injuries that happen during the course of the training programs
If itrsquos not recorded here it did not happen here
Documents injury and situation leading up to injury
First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food
What makes a Good System
Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)
Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)
Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)
Introduction to ARMA
bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world
Unique Training Methods and Partners
bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies
Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified
through a higher learning of education
Chapter 1
History of Specialty Impact Munitions
31
H istory of Specia lty Im pact M un itions
CorrectionsS pecia l C ircum stances
D C TS O R T
Law EnforcementP atro lS W AT
C row d M anagem ent
MilitaryM Ilitary Po lice
S R TC iv il D istu rbance
Specialty Im pact M unitions
Mr Scruff
Ninja Tuna track 1
2008
Electronic
34808167
eng - Ninja Tune Records
- Ninja Tune Records
Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property
32
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Failure to Respond to Training Form
Allow you to document any failed area for improving
future performance
Allows for student feedback
Documents level of proficiency
Student Injury Form
Allow you to document any injuries that happen during the course of the training programs
If itrsquos not recorded here it did not happen here
Documents injury and situation leading up to injury
First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food
What makes a Good System
Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)
Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)
Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)
Introduction to ARMA
bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world
Unique Training Methods and Partners
bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies
Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified
through a higher learning of education
Chapter 1
History of Specialty Impact Munitions
31
H istory of Specia lty Im pact M un itions
CorrectionsS pecia l C ircum stances
D C TS O R T
Law EnforcementP atro lS W AT
C row d M anagem ent
MilitaryM Ilitary Po lice
S R TC iv il D istu rbance
Specialty Im pact M unitions
Mr Scruff
Ninja Tuna track 1
2008
Electronic
34808167
eng - Ninja Tune Records
- Ninja Tune Records
Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property
32
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Student Injury Form
Allow you to document any injuries that happen during the course of the training programs
If itrsquos not recorded here it did not happen here
Documents injury and situation leading up to injury
First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food
What makes a Good System
Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)
Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)
Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)
Introduction to ARMA
bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world
Unique Training Methods and Partners
bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies
Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified
through a higher learning of education
Chapter 1
History of Specialty Impact Munitions
31
H istory of Specia lty Im pact M un itions
CorrectionsS pecia l C ircum stances
D C TS O R T
Law EnforcementP atro lS W AT
C row d M anagem ent
MilitaryM Ilitary Po lice
S R TC iv il D istu rbance
Specialty Im pact M unitions
Mr Scruff
Ninja Tuna track 1
2008
Electronic
34808167
eng - Ninja Tune Records
- Ninja Tune Records
Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property
32
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
First Sectionbull Take a 10 Minute Breakbull Restroombull Drinkbull Food
What makes a Good System
Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)
Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)
Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)
Introduction to ARMA
bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world
Unique Training Methods and Partners
bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies
Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified
through a higher learning of education
Chapter 1
History of Specialty Impact Munitions
31
H istory of Specia lty Im pact M un itions
CorrectionsS pecia l C ircum stances
D C TS O R T
Law EnforcementP atro lS W AT
C row d M anagem ent
MilitaryM Ilitary Po lice
S R TC iv il D istu rbance
Specialty Im pact M unitions
Mr Scruff
Ninja Tuna track 1
2008
Electronic
34808167
eng - Ninja Tune Records
- Ninja Tune Records
Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property
32
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
What makes a Good System
Legally Soundness (Meaning Course content is Review for Courtroom Testimony by Lawyers)
Medical Soundness (Meaning Course content is Reviewed by Licensed Doctors)
Tactical Soundness (Meaning Course content is Reviewed by sworn police officers and supported Field Proven Techniques)
Introduction to ARMA
bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world
Unique Training Methods and Partners
bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies
Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified
through a higher learning of education
Chapter 1
History of Specialty Impact Munitions
31
H istory of Specia lty Im pact M un itions
CorrectionsS pecia l C ircum stances
D C TS O R T
Law EnforcementP atro lS W AT
C row d M anagem ent
MilitaryM Ilitary Po lice
S R TC iv il D istu rbance
Specialty Im pact M unitions
Mr Scruff
Ninja Tuna track 1
2008
Electronic
34808167
eng - Ninja Tune Records
- Ninja Tune Records
Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property
32
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Introduction to ARMA
bull ARMA Training Conducts over 70 different training programs both domestically and internationally at various satellite locations throughout the world
Unique Training Methods and Partners
bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies
Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified
through a higher learning of education
Chapter 1
History of Specialty Impact Munitions
31
H istory of Specia lty Im pact M un itions
CorrectionsS pecia l C ircum stances
D C TS O R T
Law EnforcementP atro lS W AT
C row d M anagem ent
MilitaryM Ilitary Po lice
S R TC iv il D istu rbance
Specialty Im pact M unitions
Mr Scruff
Ninja Tuna track 1
2008
Electronic
34808167
eng - Ninja Tune Records
- Ninja Tune Records
Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property
32
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Unique Training Methods and Partners
bull Focuses on Technical needed for Product Liability amp Tactical Information Needed for Street Application on Field Proven Strategies Conducts Basic Instructor or Master Level Courses Represents Over 45 Different Companies
Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified
through a higher learning of education
Chapter 1
History of Specialty Impact Munitions
31
H istory of Specia lty Im pact M un itions
CorrectionsS pecia l C ircum stances
D C TS O R T
Law EnforcementP atro lS W AT
C row d M anagem ent
MilitaryM Ilitary Po lice
S R TC iv il D istu rbance
Specialty Im pact M unitions
Mr Scruff
Ninja Tuna track 1
2008
Electronic
34808167
eng - Ninja Tune Records
- Ninja Tune Records
Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property
32
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Special Partnershipbull Northwest Technical Collegebull Located in Green Bay WIbull All programs are state certified
through a higher learning of education
Chapter 1
History of Specialty Impact Munitions
31
H istory of Specia lty Im pact M un itions
CorrectionsS pecia l C ircum stances
D C TS O R T
Law EnforcementP atro lS W AT
C row d M anagem ent
MilitaryM Ilitary Po lice
S R TC iv il D istu rbance
Specialty Im pact M unitions
Mr Scruff
Ninja Tuna track 1
2008
Electronic
34808167
eng - Ninja Tune Records
- Ninja Tune Records
Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property
32
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Chapter 1
History of Specialty Impact Munitions
31
H istory of Specia lty Im pact M un itions
CorrectionsS pecia l C ircum stances
D C TS O R T
Law EnforcementP atro lS W AT
C row d M anagem ent
MilitaryM Ilitary Po lice
S R TC iv il D istu rbance
Specialty Im pact M unitions
Mr Scruff
Ninja Tuna track 1
2008
Electronic
34808167
eng - Ninja Tune Records
- Ninja Tune Records
Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property
32
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
31
H istory of Specia lty Im pact M un itions
CorrectionsS pecia l C ircum stances
D C TS O R T
Law EnforcementP atro lS W AT
C row d M anagem ent
MilitaryM Ilitary Po lice
S R TC iv il D istu rbance
Specialty Im pact M unitions
Mr Scruff
Ninja Tuna track 1
2008
Electronic
34808167
eng - Ninja Tune Records
- Ninja Tune Records
Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property
32
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Correctional Use Cell Extraction Special Circumstances (Suicide by Inmate) Covering Chemical Munitions Regaining controlled areas Escorting Inmates Protecting Officers or Formations Protecting the perimeter Protecting Property
32
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Law Enforcement Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-
Standoff) Covering Chemical Munitions Regaining controlled areas Special Escorting Details Protecting Officers or Formations Protecting the Perimeter Protecting Property
33
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Military Use Individual Targeted Subjects Special Circumstances (Suicide by Cop-Standoff) Covering Chemical Munitions Regaining controlled areas Humanitarian Missions Special Escorting Details Protecting Officers or Formations Protecting the perimeter Protecting Property
34
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
P O L I C E L I N E
35
Weapon Delivery Zones in Feet
Z O N E 1
Z O N E 3
Z O N E 2
Z O N E 4
Z O N E 5
Serious Threat
Intermediate Threat
Potential Threat
Possible Threat
Unlikely Threat
0 10
10 50
50 100
150100
150 200
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Justification of SIM Use
Covering Chemical Munitions
Protecting Formations
Protecting Life and Property
36
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Powder Delivery Systems
bull Black Powder ndash Advantages
bullCost EffectivebullMore Rounds AvailablebullCan ONLY be fired in 37MM
37
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Powder Delivery Systemsbull Black Powder ndash Disadvantages
bullMost Corrosive to weaponbull Increased Malfunction possibility
bullGive Shooters position awaybullLeast accurate munitions
38
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Powder Delivery Systems
bull Smokeless Black Powder ndash Advantages
bullLeast Corrosive to weaponbullReduced Malfunction possibility
bullConceals Shooters position bullMost accurate munitions
39
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Powder Delivery Systems
bull Smokeless Powder ndash Disadvantages
bullMost costly munitions
40
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Casing Sizes
bull 37MM ndash Usually 8 inch in length Black Powder
bull 3740MM ndash Usually 55 inch in length
Black Powder or Smokeless
bull 40MM ndash Usually 48 in in length Smokeless Powder
41
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Chapter 2
Classifications of Specialty Impact Munitions
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Classifications of SIM Rounds
43
Low Energy VS High Energy Only need one of both
bull Weatherbull Distance from threat
bull Terrain
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Low Energybull Designed to deliver minimal energy to cause slight physical discomfort for pain compliance or mental distraction
44
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
High Energybull Designed to deliver enough energy to inflict blunt trauma to cause greater physical discomfort and possible incapacitation
45
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Low Energy Roundsbull 37MM or 40MM Multiple Rubber
Balls (32 or 60 caliber) or Stinger Ball
bull 37MM or 40MM Multiple Foam Baton bull 40MM Spin Stabilized FoamSponge
Roundbull 12 Gauge Rubber Pellets ndash Marked
Low Velocity 46
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
47
3132 Caliber Stinger BallsAdditional Information
37mm or 40MM
Black Powder or Smokeless
3132 Caliber Ball (approx)
55 or 8 inch casings
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
48
4560 Cal Rubber Balls
Additional Information
3740MM
Approx 24 Rubber Balls
Average 325 FPS
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
49
Foam Baton Rounds
Additional Information 37mm or 40MM Black Powder or Smokeless 35 baton rounds - 55 or 8 inch casings
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
50
40MM Spin Stabilized Foam Rounds
Additional Information
40MM Sponge Round Smokeless Delivery System
48 inch casings Most accurate round to date Most reliable round
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
51
Hit with 40MM Spin Stabilized Round 45 feet from Barrel
Notice no rip or tear in clothing
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
52
Hit with 40 MM Sponge Round 30 feet from Barrel
Within 3 days of being hit
1 hours after being hit
Shooter Sgt Don WeiderLexington SCSheriffrsquos Office
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
53
Stinger Balls Additional Information
CS ndash CN Powder Filled Launched or Thrown 31 Caliber (approximately 180
RBrsquos)
15 Sec Time delay
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
54
12 Gauge Rubber Pellets
Description - Cartridge 12ga Sting Balltradereg
Type - Multiple Projectile Rubber Pellets
Velocity - 400 ftsec (Avg) Maximum Effective Range - 50 feetProjectiles - 18 (average)
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
High Energy Rounds 37 or 40MM Multiple Wooded Baton 37 or 40MM Multiple Rubber Baton 37 or 40MM Bean Bag round 40MM Spin Stabilized FoamSponge
Round 12 Gauge Single 4560 Cal Ball Round 12 Gauge Bean Bag Round
55
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
56
3740 MM Wooded Baton Rounds
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
57
3740 MM Interlocking Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
35 Baton Rounds
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
58
3740 MM Mono Rubber Baton
3740 MM
55 or 8 Inch Casings
BlackSmokeless Powder
Single Baton Round
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
59
3740 MM Pen-Prevent or Super ldquoSOCrdquo Bean Bag Round
Additional Information
Black PowderSmokeless
Glass BeadsSilica Sand Lead Pelts
Aerodynamic or Non-Aerodynamic
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
60
40MM Spin Stabilized Foam Rounds
Additional Information 40MM Sponge Round Smokeless Delivery System 48 inch casing Most accurate round to date Special Nylon Casing
Only round which can be
effectively fired in all 5 ZONES
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
61
12 Gauge High Velocity - Rubber Pellets
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Pellets
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 18 (average)
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
62
12 Gauge High Velocity - Tri-Dent 3 Rubber Ball
Description - Cartridge 12ga Sting Balltrade HVreg
Type - Multiple Projectile Rubber Balls
Velocity - 900 ftsec (Avg) Maximum Effective Range - 60 feet
Projectiles - 3
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
63
12 Gauge ldquoPen Preventrdquo Bean Bag Round
bull Projectile Weight - 40 gmbull Material - Shot filled Ballistic Fiber Reinforced flexible sock
bull Terminal Velocity - 280 fps (average) at 10 yardsreg
bull Accuracy - 4rdquo or better at 40 yards using a cylinder bore Remington 870
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
64
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Categories of Rounds bull Flexible ndash Generally conforms to
surface it hits
bull Non-Flexible - Generally doesnrsquot conforms to surface it hits
bull Ridged ndash Generally shatters or bounces off surface it comes into contact with
65
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Chapter 3
Angles of Fire
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Angles of Fire Defined as the
aiming point with a
designated round for maximum accuracy
67
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Direct Angle bull Direct ndash Directly aimed into the target area
68
TARGET
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Indirect Anglebull Indirect ndash Skipped into the target area (Usually 3-6 feet based on terrain)
69
TARGET
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Low Angle
bull Low Angle ndash Aimed just outside of point of aim point of impact distance
70
TARGET
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
High Angle
bull High Angle ndash Aimed in a high arch into target area
71
TARGET
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Chapter 4
Cause and Effect
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Cause amp Effect of Rounds
bull Mental - Discuss
bull Physical - Discuss
73
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Mental Effectsbull Specialty Impact Munitions have a
tremendous MENTAL effect on an individual In many cases the mental effects may far outweigh the physical effects and be the determining factor in the subjectrsquos response or time of incapacitation or distraction ldquoA fear of being shotrdquo
74
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Anxietybull The action of pointing a firearm directly at
an individual andor actually firing a projectile
bull The pain and at times the appearance of
the injury may reinforce this belief
bull Instructor Note Can be addressed through training
75
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Fearbull Arouses connotations and a fear of having been
shot with a firearm SIMS may cause a powerful mental distraction
bull Mentally the subject must cope with the physiological pain that the body feels
bull Instructor Note Can be addressed through personal experience
76
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Panicbull Panic is not a desirable response due to having
less control of the subject or crowd
bull The impact is likely to create fear which may create a fight or flight response
bull Crowds may scatter rendering the intended escape route useless
bull Instructor Note LEAST DESIREABLE RESPONSE
77
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Chapter 5
Primary vs Secondary Injuries
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Primary vs Secondary Injury
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Primary Injury
bull An injury directly caused by the use of force tool use
80
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Secondary Injurybull An injury indirectly caused by
the use of force tool use
bull Either from resistance from subject or another officer and or environmental surroundings
81
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Flight of a projectile
bull Once leaving barrel seeks equal weight distribution ndash Pan Cakes Saucer Spin
bull Head Wind ndash Round May Dive or Risebull Tail Wind ndash Round may Float or Cork
Screwbull Cross Wind ndash ldquoJrdquo Turn
82
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Projectile CalculationWhen the distance of the target
INCREASES it effects
Velocity + Accuracy + Impact = Injury
83
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Projectile CalculationWhen the distance of the target
DECREASES it effects
Velocity + Accuracy + Impact = Injury
84
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Chapter 6
Target areas when using SIM
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Blunt Trauma vs
Penetration Trauma
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Blunt Traumabull The MAXIMUM desired effect of an impact munitions is
BLUNT TRAUMA - an impact from an object that leaves the body surface intact but may cause sufficient (non-life threatening) injury to distract control or incapacitate the subject
Stinger Round Injury
Pepperball Injury
Stinger Round Injury87
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Types of Blunt Trauma Injuries
bull Abrasions - Skimming the surface skin area
bull Contusions - Injury to the brain
bull Lacerations - Partially hitting the skin surface from the side cutting the surface
88
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Continued Blunt Trauma Injuriesbull Fractures - Primary injury when
munition strikes target are directly
bull Secondary injury when munitions strikes target area and causes the body to fall striking another surface indirectly
bull Concussion - Glancing blows or missed target or Falling or collapsing of the subject 89
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Penetration Traumabull The unintended and most
undesirable outcome of an SIMS is penetration
bull SIMrsquos can cause Death or serious bodily injury
90
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
PenetrationPuncture ndash Entering the body
at arsquo90 degree angle breaking
thesurface of the skin
91
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Target Areas
Unable to use a striking color baton chart
because the chart was used to identify areas of the body for impact and
injuries for striking a human which is MUCH less
force then deploying Specially Impact
Munitions92
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Meat amp Muscle Areas
bull Primary target areas that when striking the human body will cause mild to intense pain with NO LONG LASTING INJURY
93
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Primary Target Area ndash the target area
consisting of large muscle groupsbull Buttocks bull Thigh amp Calvesbull Lower Abdominal Areabull BicepsTricepsbull Forearm area
94
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Meat amp Bone Areasbull Secondary target areas that when striking the human body will cause mild to intense pain with MINOR to LONG LASTING INJURY
95
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Secondary target areas are skeletal areas ndash
preferred - may result in fractures
bull Shoulderbull Kneesbull Anklesbull Wrists bull Elbows
96
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Bone amp Sensitive Areasbull Last resort target areas that when
striking the human body will cause intense pain with long lasting injury which MAY RESULT IN SERIOUS BODILY HARM WHICH MAY RESULT IN DEATH
97
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Last Resort Target Area ndash the target area when
maximum effectiveness is desired to meet a level of
threat escalating to deadly force justification
bull Head amp Throatbull Chest (center mass)bull Solar plexusbull Groinbull Spinebull Lower back
98
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
99
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
100
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Clothing
1 In colder climates where heavier clothing and jackets are worn rounds with higher energy capabilities will be required
2 In a case where the subject is lightly dressed pay close attention to munitions selection shot placement and engagement distance
3 In detention facilities and during civil disturbances the subjects may pad themselves in order to defeat the effects of SIM
101
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Physical Stature and Condition ndash Is the subject heavy musculature or thin and skeletal age
1 250-pound muscular individual will more than likely be physiologically effected less than a 100-pound individual when both are struck in the sametarget area by SIM
2 The blunt trauma effects and the potential for penetration are much greater for the smallerperson 102
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
37MM Foam Baton-15 feet=WHOHOW12 ga Rubber Pellets HV- 22 feet= WHOHOW40MM Bean Bag-34 feet=WHOHOW
213
90 to 140 lbs 131 to 185 lbs 186 to 220 lbs (220 to 350+)
103
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Immediate Surroundings 1Is there any person in the immediate area who
maybe at risk of a deflected or missed shot
2Identify your target backstop and beyond
104
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Chapter 7
Intervention Options
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
THE FORCE CONTINUUM ndash WHEN TO USE SIMrsquos
bull Ladder of Forcebull Force Continuumbull Circle of Forcebull Force Modularbull Escalation of Force
106
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
107
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
OFFICER PRESENCE
bull Uniform Badge bull Dedicated Weapon Displayed
bull On a Slingbull Port Arms bull Ready Carry Position
108
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Presence
109
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Verbal Commands
bull Please stand over there bull Please sit down on the chairbull Stop put your hands downbull Ending with ldquoDo it nowrdquobull Professional Tone amp Attitude
110
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
NON-Verbal
111
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Verbalization
112
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
SOFT PHYSICAL TECHNIQUES
bull Slight touching or guiding contact
bull Cupping an elbow to escort Lightly grabbing an arm or shoulder
bull AIMING WEAPON113
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Aiming WeaponFinger OFF
Trigger
114
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
HARD PHYSICAL TECHNIQUES
bull Limb Control Techniquesbull Takedown Ground Stabilizationbull Dynamic Countermeasuresbull Impact Techniquesbull Electrical Devicesbull Hand held impact weapons bull Specialty Impact Munitions
115
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Firing the Weapon116
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
DEADLY FORCE
bull Impact Weaponsbull SIM ndash Changing Aiming Point
bull Neck Restraintbull Firearm
117
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Transitioning to
firearm
118
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Chapter 8
Documentation
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Documentationbull Collect all munitions expended and photographed when practical
ndashEvery CasingndashMark Misfired or Damaged rounds 120
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Documentation
bull An inventory of munitions used and not used should be noted
ndashWhat was issued and went out
ndashWhat was fired and misfiredndashWhat was lost and not recovered 121
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Documentation
bull A report should be written detailing the order in which the events occurred and the police actions that were required
122
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Documentation
bull Report the effectiveness of the various types of SIMrsquos and their delivery systems
ndashWhat did I fire that didnrsquot
ndashWhat did I fire that did123
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Documentationbull Document any injuries sustained and property damage incurred
ndashInjuries to SubjectndashOfficersndashBystanders
124
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Documentationbull After the crowd has dispersed it
is necessary to move rapidly into the target area to remove lingering groups and to prevent the crowd from regrouping and continuing illegal activity
ndashFollow ThroughndashSecuring the Area
125
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
LIABILITY ISSUES
The court will decide whether the actions of the officers were
(1)Consistent with the limits set forth by the constitution federal and state laws
(2)Consistent with departmental policy and procedures
(3)Consistent with training the officer received to handle such situations
126
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
5 Important Questions to ASK
bull What was the distance angle and elevation
bull What was the construction of the round used
bull What was the size of the subjectbull What was the expected point of impactbull What was the training of the shooter
127
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Questions the Court will ASK
(1) Look at the conduct of other officers who were present andor participated in the actions
(2) The conduct of supervisors who may have authorized the actions of officers
128
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Questions the Court will ASK
(1) Were the actions of the officers consistent with their training
(2) Was the training adequate and acceptable by contemporary standards
If the officers were not trained does it amountto deliberate indifference on the part of the
agency 129
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Was the actions of the officer
bull A trained techniquebull Was it a dynamic application of
the trained techniquebull Was it an untrained technique
justified under the circumstances
130
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Case Law
Know your laws
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Graham v Connor 490 US 386 (1989)
a The US Supreme Court case that defined the standard under which excessive force claims would be judged
(1) The standard established was that of objective reasonableness(2) Prior to this the standard was police behavior that shocks the conscienceldquo
bIn this case the court redefined and set forth a less subjective standard
132Copyrighted by Dave Young
1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
a In this case a woman was arrested and did not receive necessary medical attention after a shift commander was made aware of her condition and decided she did not need medical attention
b Although on the face the City of Canton policy addressed medical issues they were grossly negligent in that they did not provide the shift commanders with the proper training to make such decisions 133
Copyrighted by Dave Young 1990
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
City of Canton v Harris 489 US 378 109 S Ct 1197 (1989)
c There were many issues that emerged from this case however the primary issue was that of failure to train on the part of the city That negligence amounted to being deliberately in different to the rights of the plaintiff
The implications of Canton v Harris can also go beyond training issues however the burden of proving the Standard of deliberate indifference is on the plaintiff and not easy to prove
d Court Recommendation The duties that officers are assigned to perform must be accompanied with adequate training to perform that function
134Copyrighted by Dave Young
1990
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
ONeal v DeKalb County GA 850 F2d 653 (11th Cir 1988)
a A mental subject stabbed 7 people before being confronted by the police After repeatedly ordering the subject to drop the knife and lay on the floor the subject rushed the officers and was shot to death
b The court ruled that the use of deadly force instead of non-lethal force against a knife wielding suspect was not malicious or unreasonable therefore not actionable by the plaintiffs
135Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 S Ct 81 (1994)
This case involved the shooting of a suspect who was
wielding a fire poker When the officer attempted to
arrest him he charged the officer with the fire poker and
was shot by police
(1)Plaintiffs who sued on behalf of the deceased claimed the officer did not use other means of force available to him at that time listing disabling chemical spray a police dog and distance
136Copyrighted by Dave Young
1990
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Plakas v Drinski 19 F3rd 1143 (7th Cir 1994) cert Denied 115 SCt 81 (1994)
(2) The court stated ldquothat to permit every jury in this type of case to hear expert testimony that the defendant would have been uninjured if only the police had been able to use disabling gas or a capture net or a electrical device
(a)A municipality is liable because it failed to buy this equipment
(b)The Constitution does not enact a police administratorrsquos
equipment listlsquordquo
(c) The court ruled that there is no legal precedent that requires an officer to utilize alternatives to deadly force
137Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
aThe court ruled that the department had adequate training on the technical components of the use of force but did not have adequate training on the constitutional limits of the use of force in effecting arrests
138Copyrighted by Dave Young
1990
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Davis v Mason County 927 F2d 1473 (9th Cir 1991)
b In other words the officers were trained on the how but not on the why and when the force is appropriate
c Court Recommendation Training should include confrontational scenarios of situations that require decision making then articulation by the officer as to the justification for the force used or not used
139Copyrighted by Dave Young
1990
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
Quezada v County of Bernalillo 944 F2d 710 (10th Cir 1991)
a The court ruled that an officer might be held liable for putting himself in a situation that requires him to use deadly force against an armed suicidal person
b This case involved an officer who left a position of cover to confront a suicidal subject
140Copyrighted by Dave Young
1990
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994
141
Dave YoungFounder amp Director
ARMA Training
Website wwwarmatrainingcom772-913-1615
copyrighted by Dave Young 1994