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Resource book on the use of force and firearms in law enforcement
Law enforcement officials should always remember there is the option to disengage (i.e. tactical
withdrawal),154 even temporarily, when a situation escalates dangerously, or when continued
intervention might lead to danger.
Tactical withdrawal may allow for other options to be considered as well, such as seeking alternative cover, waiting for back-up, specialized units that may enable the situation to be contained.155 Such action, however, should be taken with an eye towards the obligation to exercise
due diligence in protecting persons under the State’s jurisdiction. Hence, withdrawal is not an
adequate option for example when it would have the effect of facilitating an attack on a minority
or unprivileged group by the majority or dominant group, as that would invariably be a failure to
protect their rights.
PREVENT OVERREACTING: THE NEED TO SLOW DOWNa
Often, tense encounters develop over nothing more than a person’s refusal to comply with a police
officer’s order. Police officials report that shootings often result from what are called “perception”
issues, in which a suspect, often during a foot pursuit, makes a sudden movement that is perceived
as reaching for a firearm. It is only in hindsight that it becomes known that the person was reaching
for a cell-phone or other object. It can be extremely difficult for officers to assess such situations and
ensure their own safety, especially when they have only seconds to make a judgment. For this reason, police chiefs during a conference organized by the Police Executive Research Forum (PERF) on
this issue, referred to the advantages of “slowing down” difficult encounters, and thinking through
tactics so as not to box themselves into a highly charged incident.
a
See Police Executive Research Forum (PERF), 2012, p. 36.
SEATTLE POLICE DEPARTMENT, UNITED STATESa
An officer may not use physical force:
•
To punish or retaliate
•
Against individuals who only verbally confront them unless the vocalization impedes a legitimate law enforcement function or contains specific threats to harm the officers or others
•
On handcuffed or otherwise restrained subjects, except in exceptional circumstances when
the subject’s actions must be immediately stopped to prevent injury, escape, or destruction
of property. Use-of-force on restrained subjects shall be closely and critically reviewed.
Officers must articulate both:
– The exceptional circumstances, and
– Why no reasonably effective alternative to the use-of-force appeared to exist.
•
To stop a subject from swallowing a substance, such as a plastic bag containing a controlled
substance or other evidence.
•
To extract a substance or item from inside the body of a suspect without a warrant.
a
See Seattle Police Department Manual, Section “8.100 – Using force”, 2014, article 2.
See Police Executive Research Forum (PERF), 2012-2015.
See Royal Canadian Mounted Police, Incident Management/Intervention Model: Tactical Repositioning: http://
www.rcmp-grc.gc.ca/ccaps-spcca/cew-ai/imim-migi-eng.htm#lethal
154
155
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