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200 - Response to Resistance

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What is the primary purpose of this order?

To provide guidelines on objectively reasonable response to resistance

Who is subject to the same policies and procedures as officers in incidents where they are authorized to use force?

Civilian employees only

What is a critical concern to both the public and the law enforcement community?

The use of force by law enforcement personnel

What is recognized and respected by the Department?

The value of all human life and dignity without prejudice

What is understood about vesting officers with the authority to use force?

It requires a careful balancing of all human interests

What is a factor that can influence the level of force necessary in a situation?

The officer's conduct prior to the use of force

What is provided by this order in terms of de-escalation?

Directives and guidelines on de-escalation principles and techniques

What is expected of officers when making decisions about the use of force?

To use these guidelines to make professional, impartial, and objectively reasonable decisions

What is the primary goal of an officer's assessment when arriving on the scene?

To gather information to develop an understanding of the totality of circumstances

What is a factor to consider when deciding whether de-escalation is appropriate?

Whether the officer believes the search, arrest, or transportation must be undertaken immediately

What is an example of a contingency that may arise during an incident?

The subject suddenly becoming violent

What is the purpose of securing additional resources during de-escalation?

To lessen or eliminate the need to respond to resistance

What is an example of tactical repositioning during de-escalation?

Maintaining a safe physical distance from the subject

Why is effective communication crucial during de-escalation?

It can lead to successful outcomes

What is the role of supervisors in ensuring de-escalation techniques are used?

They must ensure subordinates utilize tactics and techniques required by this order

What is the purpose of an officer's assessment in determining the totality of circumstances?

To gather information to develop an understanding of the situation

What is an example of a resource that may be used during de-escalation?

Less-lethal weaponry

What is the primary purpose of the de-escalation order?

To complement other portions of the APD General Orders or specific officer training

What is the definition of 'bodily injury' according to the Tex.Penal Code?

Physical pain, illness or any impairment of physical condition.

What is the goal of de-escalation techniques?

To gain the voluntary compliance of subjects, when feasible, thereby eliminating the need to use force in response to resistance.

What is an officer's duty when observing another officer using force that is not objectively reasonable?

To immediately intervene to stop or prevent the use of force.

What is the purpose of de-escalation techniques?

To stabilize the situation and reduce the immediacy of the threat.

What is the definition of 'serious bodily injury'?

Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

What should officers do when it is not already reasonably known by the subject to be searched or arrested?

Make clear their intent to arrest or search and identify themselves as a peace officer before using force.

What is the purpose of an officer's report when witnessing the use of objectively unreasonable force?

To provide a detailed report of the observations to a supervisor.

What is the definition of 'deadly force'?

Force that is intended or known by the officer to cause, or in the manner of its use or intended use is capable of causing death or serious bodily injury.

When may officers abandon de-escalation efforts?

When circumstances rapidly change.

What is the purpose of the General Order 200?

To respond to resistance.

When dealing with an agitated subject, what is the primary goal of using verbal techniques?

To calm the subject and promote rational decisions

Which of the following is an example of passive resistance?

A subject going limp during an arrest

What is the primary factor in determining the level of force to be used by an officer in a force encounter?

The suspect's level of resistance and the threat posed to the officer or another

What is the purpose of providing the subject with alternatives during a encounter?

To provide a sense of control and encourage compliance

What is the primary difference between defensive resistance and passive resistance?

Defensive resistance involves physical movement, while passive resistance does not

What is the highest level of resistance that can be exhibited by a subject?

Deadly resistance

What is the role of situational context in determining the level of resistance exhibited by a subject?

It is a crucial factor in determining the level of resistance

What is the purpose of providing the subject with reasonably sufficient time to respond to directives?

To provide an opportunity for the subject to comply and avoid force

What is an example of a preparatory action indicating greater resistance?

A subject making verbal threats against the officer

What is the role of the officer's presence and verbal commands in dealing with compliant subjects?

The officer's presence and verbal commands are sufficient to gain compliance

What is the minimum level of force required to mandate a Response to Resistance report?

Force that exceeds mere holding

What is the primary consideration for an officer's response to resistance?

The totality of the circumstances and the articulable threat

Who is considered medical personnel in the context of assisting medical professionals?

Medical staff at a medical facility, licensed EMT, and phlebotomist

Under what circumstances can an officer deviate from standard tools and methods?

When the situation is rapidly unfolding and standard methods are impracticable

What is the title code of the incident report that must be completed after using a level of force greater than holding?

8400

What is required of an officer who uses a level of force greater than holding to assist medical personnel?

Notifying their supervisor and completing an incident report

What is the purpose of an officer's ongoing assessment in a situation?

To re-evaluate the response to resistance as circumstances change

What is the purpose of the General Orders 211 and 200.5.1 in relation to assisting medical professionals?

To outline the procedures for reporting a Response to Resistance

What is a characteristic of an objectively reasonable response to resistance?

It is based on the circumstances and the articulable threat

What is prohibited for officers to use in any situation, except for a lethal force encounter?

Chokeholds and strangleholds

What is an example of preparatory actions indicating greater resistance?

A subject balling their hand into a fist and raising their arm

What is the policy of the department regarding the use of force?

Officers should use only the amount of force necessary to accomplish the legitimate law enforcement purpose

What is the officer's responsibility in articulating the specific observations and actions displayed by the subject?

To articulate the specific observations and actions that led them to believe the subject was preparing to resist

What is a factor that may influence the officer's response to resistance?

The circumstances and the articulable threat

What is the purpose of an officer's assessment of the subject's resistance?

To determine the appropriate response to the subject's resistance

What is the primary consideration when evaluating the objective reasonableness of force in a particular situation?

The facts and circumstances confronting the officer

In which scenario is an officer justified in using reasonable force?

When the officer reasonably believes the use of force is immediately necessary to prevent escape

Which of the following is a factor to consider when determining whether an officer has used objectively reasonable force?

The subject's conduct as reasonably perceived by the officer

When is an officer justified in using deadly force against another?

When the officer reasonably believes the deadly force is immediately necessary to protect themselves or others from an imminent threat of death or serious bodily injury

What is the ultimate objective of every law enforcement encounter?

To minimize injury to everyone involved

What is required when an officer is confronted with a situation where the use of force is necessary?

The officer must use objectively reasonable force

Which of the following is not a factor to consider when determining whether an officer has used objectively reasonable force?

The time of day the incident occurred

What is a primary consideration for an officer when deciding whether to immediately apprehend a subject?

The potential risk of serious bodily injury or death to any other person

What is the purpose of reporting incidents of response to resistance force?

To document the use of force in the incident

What is the standard for evaluating the use of force in a particular situation?

The objective reasonableness of the force used

Who is required to be notified as soon as practicable following any force incident or allegation of force?

The officer's supervisor

What is the primary consideration when evaluating the use of deadly force?

The immediate necessity of the deadly force to protect themselves or others from an imminent threat of death or serious bodily injury

What is the primary purpose of documenting a response to resistance in an appropriate report?

To provide an accurate account of the incident

What is a consideration for officers when encountering a subject who appears to be highly intoxicated?

The requirement to provide medical care as soon as practicable

What is a characteristic of a subject exhibiting 'sudden tranquility'?

The subject appears to be sleepy and resting

What is required of officers when a subject refuses medical attention?

The officer must document the subject's refusal in related reports

What is a consideration for officers when responding to a subject affected by a chemical agent?

The requirement to provide a means of cleansing the affected areas as soon as practicable

What is the role of medical personnel in responding to a subject who has been subjected to a use of force?

To provide medical care as soon as practicable, and inform the officer of the subject's condition

What is a consideration for officers when encountering a subject who may be pregnant?

The requirement to provide medical care as soon as practicable

What is the purpose of documenting the circumstances that make provision of medical care impractical or impossible?

To provide an accurate account of the incident

Study Notes

Philosophy of Law Enforcement

  • The use of force by law enforcement is a critical concern for both the public and the law enforcement community.
  • The department recognizes and respects the value of all human life and dignity without prejudice.
  • Officers should recognize that their conduct prior to the use of force may be a factor that influences the level of force necessary in a situation.

Definitions

  • Bodily Injury: Physical pain, illness, or any impairment of physical condition.
  • Serious Bodily Injury: Bodily injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
  • De-escalation: Using techniques to stabilize the situation and reduce the immediacy of the threat, so that more options and resources are available to bring about a successful resolution to an encounter with a non-compliant subject.
  • De-escalation Techniques: Communicative or other actions used by officers to increase the likelihood of gaining voluntary compliance from a non-compliant subject and reduce the likelihood of using force in response to resistance.
  • Deadly Force: Force that is intended or known by the officer to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.
  • Force: Any physical contact with a subject by an officer using the body or any object, device, or weapon, not including unresisted escorting or handcuffing a subject.
  • Non-Deadly Force: Any application of force other than deadly force.
  • Objectively Reasonable: An objective standard viewed from the perspective of a reasonable officer on the scene, without the benefit of 20/20 hindsight, and within the limitations of the totality of the circumstances presented at the time of the incident.

Duty to Intervene

  • Any officer who observes another officer using force that is not objectively reasonable shall immediately intervene to stop or prevent the use of force or further use of force.
  • Officers intervening shall take effective and escalating measures to stop or prevent the use of force or further use of force.

Notice of Authority and Identity

  • Officers should make clear their intent to arrest or search and identify themselves as a peace officer before using force.

Response to Resistance

  • The use of force by an officer must be objectively reasonable and necessary to accomplish a legitimate law enforcement purpose.
  • The decision to use force is dependent upon the suspect's level of resistance, the threat reasonably posed by the suspect to the officer or another, and the totality of the circumstances known to the officer at that time.
  • Types of resistance:
    • No resistance (compliant)
    • Passive resistance (non-compliant)
    • Defensive resistance
    • Aggressive resistance
    • Deadly resistance

De-escalation

  • When safe and reasonable under the totality of the circumstances, officers shall use de-escalation techniques to reduce the likelihood of force and increase the likelihood of voluntary compliance.
  • De-escalation techniques may involve:
    • Securing additional resources
    • Tactical repositioning
    • Verbal persuasion

Assessing Risks and Benefits

  • Officers should consider the following factors when assessing risks and benefits:
    • Risks and benefits associated with delaying immediate action
    • Contingencies that may arise
    • Need for a supervisor's response
    • Need for other officers or special units
    • Availability of other resources
    • Ability to communicate effectively with the subject### Factors Considered in Use of Force
  • Seriousness of the suspected offense or reason for contact with the individual
  • Training and experience of the officer
  • Potential for injury to citizens, officers, and subjects
  • Risk of escape
  • Whether the conduct of the individual being confronted no longer reasonably appears to pose an imminent threat to the officer or others
  • Exigent circumstances
  • Officer is justified in using reasonable force when they reasonably believe it is immediately necessary
  • To make or assist in a detention or an arrest, or to conduct a search that the officer reasonably believes is lawful
  • To prevent or assist in preventing escape after an arrest, provided the officer reasonably believes the arrest or search is lawful
  • To make an arrest or conduct a search under a warrant that the officer reasonably believes is valid

Deadly Force Applications

  • Officer has no duty to retreat and is only justified in using deadly force against another when and to the extent the officer reasonably believes the deadly force is immediately necessary to:
    • Protect themselves or others from an imminent threat of death or serious bodily injury
    • Make an arrest or to prevent escape after arrest when the officer has probable cause to believe that the subject has committed or intends to commit an offense involving serious bodily injury or death, or that there is an imminent or potential risk of serious bodily injury or death to any other person if the subject is not immediately apprehended

Reporting the Response to Resistance

  • Any response to resistance by a member of this department shall be documented promptly, completely, and accurately in an appropriate report
  • Supervisor notification shall be made as soon as practicable following any force incident or allegation of force

Duty to Give Aid and Medical Care

  • Medical care shall be obtained for any subject who has sustained a visible injury, complained of injury or continuing pain, was rendered unconscious, or may otherwise require medical assistance
  • Medical assistance may consist of examination by fire personnel, paramedics, hospital staff, or medical staff at the jail
  • Officers shall inform any person providing medical care that the person receiving care has been subjected to a use of force
  • Subjects exhibiting unusual agitation, aggression, or similar behaviors shall be provided special care and medical attention

Guidelines for law enforcement officers on using objectively reasonable force in response to resistance.

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