18_-_Use_of_Force

South Bay Regional Public Safety Training Consortium Use of Force PSP 4 Hours 2540-29580 Rev: 07/15/2021 STATEMENT OF PURPOSE AND COURSE OBJECTIVES: The course will provide the student with the minimum topics of Use of Force required in the POST Perishable Skills Training Program (PSP). The intent of the course is to improve the student's knowledge of use of force laws and policies as well as critical decision-making skills. The course consists of facilitated discussion, case study analysis, and scenarios for in-service personnel. USE OF FORCE Minimum Topics/Exercises: a. Statutory Law b. Case Law c. Agency Policies d. Reverence for Human Life e. De-Escalation f. Duty to Intercede g. Rendering First-Aid h. Class Exercises/Student Evaluations/Testing COURSE OBJECTIVES: The trainee will: 1. Demonstrate knowledge of use of force laws. 2. Demonstrate knowledge of individual agency's use of force policies. 3. Demonstrate an understanding of force options decision-making with every technique and exercise, to include: a. Reverence for Human Life b. De-Escalation and Verbal Commands c. Rendering First-Aid d. Legal Duty to Intercede and Report Excessive Force to a Superior Officer Minimum standards of performance shall be tested by an instructor observing the trainee during their participation in facilitated discussions, case study analysis, and scenarios. If the trainee does not meet minimum standards, as established by the presenter, remediation will be provided until the standard is met. 1 I. South Bay Regional Public Safety Training Consortium Use of Force PSP 4 Hours 2540-29580 Rev: 07/15/2021 EXPANDED COURSE OUTLINE INTRODUCTION/ORIENTATION A. Introduction, Registration and Orientation 1. Instructor/student introductions 2. Registration/rosters B. Course Goals and Objectives 1. Increase knowledge of use of force laws 2. Increase knowledge of individual agency's use of force policies 3. Increase understanding of force options decision-making II. POLICIES AND LEGAL ISSUES A. Statutory Law 1. Existing law a. AB 392 - Emphasize the importance of necessity V(a) 1) "...it is the intent of the Legislature that peace officers use deadly force only when necessary in defense of human life." 2) "In determining whether deadly force is necessary, officers shall evaluate each situation in light of the particular circumstances of each case, and shall use other available resources and techniques if reasonably safe and feasible to an objectively reasonable officer.' b. AB 392 - Emphasize the change in 835a that adds "totality of circumstances" and how it can affect the reasonableness of force that is used 1) PC 835a a) Objectively reasonable standard - and how it has been defined in 835a b) Fleeing felons c) Suicidal persons d) Pre-force tactics and conduct of officer/suspect e) Discuss the difference in imminent and immediate threat (1) Penal Code defines "Imminent" threat (2) When a reasonable officer would perceive a present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury 2 South Bay Regional Public Safety Training Consortium Use of Force PSP 4 Hours 2540-29580 Rev: 07/15/2021 2) PC 196 a) Homicide is justifiable when committed by peace officers and those acting by their command in their aid and assistance, under either of the following circumstances: (1) In obedience to any judgment of a competent court (2) When the homicide results from a peace officer's use of force in compliance with Section 835a b) What's changed? (1) Removed "When necessarily committed in overcoming actual resistance to the execution of some legal process or in the discharge of any other legal duty" (2) Removed "When necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with felony and who are fleeing from justice or resisting such arrest" c. SB 230 2. Pending legislation B. Case Law 1. Foundational cases a. Graham v. Connor b. Tennessee v. Garner C. Hayes v. City of San Diego 2. Pending cases C. Agency's Use of Force Policy 1. Agency's existing policy 2. How has the policy changed in recent years? 3. How does this affect how officers do the job? 4. Officer's responsibility to notify supervisor following use of force V(b) V(c) 5. Supervisor's responsibility following a notification III. REVERENCE FOR HUMAN LIFE AND DUTY TO INTERCEDE A. Reverence for Human Life 1. What does "reverence for human life" mean? 2. How is this applied to the use of force? B. Duty to Intercede (Penal Code 13519.10(b)(2), Penal Code 7286(b)(8)) 1. What is a "duty to intercede?" V(d, f) 3 South Bay Regional Public Safety Training Consortium Use of Force PSP 4 Hours 2540-29580 Rev: 07/15/2021 a. Bystander officer liability b. What is the stigma around this? c. How do we break the stigma? d. How does this reflect your personal and organizational core values