Ethics InstructorEthics Instructor

Certification CourseCertification Course

Bob MelanBob Melan

ObjectiveObjective

Assimilate Use of Force training with Assimilate Use of Force training with the ethical aspect of all that use of the ethical aspect of all that use of force entailsforce entails

Use of ForceUse of Force

How to Crash and BurnHow to Crash and Burn

When filling out your use of force When filling out your use of force report by telling a story that is just report by telling a story that is just that a story. Stay with the facts, just that a story. Stay with the facts, just the facts.the facts.

DecertificationDecertification

Most officers loss their job by Most officers loss their job by falsifying documents. The truth and falsifying documents. The truth and nothing but the truth are not just nothing but the truth are not just words.words.

Death never becomes Death never becomes us so live to fight us so live to fight another day. Always another day. Always watch their hands!watch their hands!

OfficerOfficer

SuspectSuspect

Active Counter Measures

Active Counter Measures

Impact WeaponsImpact Weapons

Non-AggressiveControl Holds

Non-AggressiveControl Holds

Lethal Force

Lethal Force

Officer Presence

Officer Presence

Less-Lethal EquipmentLess-Lethal Equipment

Verbal Commands

Verbal Commands

OC

Lack of equipment or toolsLack of equipment or toolsLack of skill/ability and/or Lack of skill/ability and/or trainingtraining

Lack of physical conditioningLack of physical conditioningAngerAngerFearFear

Escalation to Deadly Escalation to Deadly ForceForce

Escalation to Deadly Escalation to Deadly ForceForceMay Be Unreasonable May Be Unreasonable

Based on...Based on...May Be Unreasonable May Be Unreasonable

Based on...Based on...

Federal Standard is Federal Standard is Laid Out in Graham v Laid Out in Graham v

Connor (1989)Connor (1989)

The issue of The issue of ““reasonablenessreasonableness” was ” was

addressed and is applied addressed and is applied in the same manner as in in the same manner as in

the 4th Amendmentthe 4th Amendment

Factors the Court Factors the Court identified, based on the identified, based on the

“totality of the “totality of the circumstances”, to use circumstances”, to use

in evaluating the in evaluating the reasonableness ofreasonableness of the officer’s use of the officer’s use of

force:force:

Totality of the Totality of the CircumstancesCircumstances

Age, Size, GenderAge, Size, GenderMultiple Officers / SuspectsMultiple Officers / SuspectsWeapons InvolvedWeapons InvolvedInjury / ExhaustionInjury / ExhaustionGround Position / LocationGround Position / LocationOfficer’s Perception of Threat Officer’s Perception of Threat

LevelLevel

TENNESSEE V TENNESSEE V GARNERGARNER

19851985

Law enforcement officers Law enforcement officers may not use deadly force to may not use deadly force to prevent the escape of a prevent the escape of a suspect. suspect. Unless...Unless...

Law enforcement officers Law enforcement officers may not use deadly force to may not use deadly force to prevent the escape of a prevent the escape of a suspect. suspect. Unless...Unless...

……the officer has probable cause the officer has probable cause to believe that the suspect to believe that the suspect

poses poses a significant threat a significant threat of death or serious bodily of death or serious bodily harm to the officer harm to the officer or to the or to the public.public.

……the officer has probable cause the officer has probable cause to believe that the suspect to believe that the suspect

poses poses a significant threat a significant threat of death or serious bodily of death or serious bodily harm to the officer harm to the officer or to the or to the public.public.

A Fourth Amendment A Fourth Amendment right that Garner right that Garner identified is the right to identified is the right to receive a verbal warning, receive a verbal warning, if feasible, before being if feasible, before being subjected to deadly force.subjected to deadly force.

Your language and Your language and actions will affect the actions will affect the witnessing public’s view witnessing public’s view of your force levelof your force level

SMILESMILESMILESMILE

When you are in public When you are in public view during a force view during a force transaction, assume that transaction, assume that you are being videotapedyou are being videotaped

There are many pitfalls in our There are many pitfalls in our profession. That booze, women, and profession. That booze, women, and property are the down fall of most property are the down fall of most cops. Saying if you can keep those cops. Saying if you can keep those three things straight you’ll have a three things straight you’ll have a long career. Martin J. Hannonlong career. Martin J. Hannon

Marty would be sad to hear that Marty would be sad to hear that creative writing has now moved to creative writing has now moved to the top of the heap, regarding what the top of the heap, regarding what get cops in trouble.get cops in trouble.

Every Every man's workman's work, whether it be , whether it be literature, or music or pictures or literature, or music or pictures or architecture or anything else, is architecture or anything else, is always a always a portraitportrait of himself. Samuel of himself. Samuel Butler Butler ......