• Foundations of the use of force
• When force may be used
• Valid core transaction
• When a seizure of a person occurs
• Graham reasonableness test
• Scott balancing test
• An officer may not assume the negative
• The use of force
• Managing the use of force incident
• Officer vs threat factors
• Influential circumstances
• Report writing guide
• Key elements of a use of force report
• Conclusions vs facts
• Deadly force
• Deadly force threshold
• Intent in use of deadly force
• Garner Test
• Detentions
• Terry stops
• Officer safety detentions
• Handcuffing during detentions
• Excessive force
• Defined
• Graham v. Connor: 4th Amendment "reasonableness" inquiry
• Deorle v. Rutherford: Use of less than deadly force that may cause serious injury
• Use of force evaluation criteria
• Intervention
• Definitions
• Deadly force
• Probable cause
• Reasonable suspicion
• Serious bodily injury or harm
• Policy
• DCSO - Use of force policy
• DCSO - Use of force specific instrumentality policy

1. Effect an arrest
2. Defend self
3. Defend others
4. Overcome resistance
5. Prevent escape

• VCT = Enforceable or investigative circumstances emanating from ORS, ordinances, Terry v. Ohio, or exigency.
• VCT required for any force response & emanates from PC & reasonable suspicion

1. Police intentionally respond with force to effect or stop the movement of a subject
2. Subject submits to a show of authority

1. Severity of crime at issue: The crime to which officer is immediately responding with force, not necessarily the originating call or arresting crime. It's the perceived resistance or threat of assault prompting the officer's response at the moment
2. Immediate threat of suspect to safety of officer or others: Facts illustrating the threat posed by the suspect at the time of force deployment. Includes but not limited to the suspect's size, strength, imperviousness two pain, or apparent training. Including the level or degree of fatigue or injury experienced by the officer at the time.
3. Officer’s reasonable perception of suspect’s active resistance to arrest or escape attempts. How hard was the subject fighting? What was their degree of desperation and effort? Describe all of the perceived facts regarding the suspect's effort to resist arrest, assault , or to flee.

• Determine if the action is worth the risk of injury to the threat of yourself
• Use the reasonable amount of force necessary to control the situation and/or threat
• When using force, always give the appropriate verbal commands if reasonable
• When using force do not use gratuitous profanity, sarcasm, or bravado
• Photograph all injuries to the threat, yourself, and/or third parties, and the location of the incident
• Charge the threat with the appropriate crime(s)
• If you are injured, even slightly, let a supervisor know immediately (medical attention, permanent record, additional charges)
• If the suspect is injured or could have been injured summon medical aid. Let the suspect refuse care to the medics.
• During the struggle, if your uniform is badly soiled or damaged, place in evidence or photograph as proof of the resistance or attack
• After using force, speak to onlookers to identify witnesses and check their well-being

• Officer vs. threat's combat skill level
• Officer's age vs threat's age
• Officer's vs threat's gender
• Threat's mental state
• Officer vs threat's size and strength
• Multiple threats

• Inability to disengage/confinement
• Close proximity to a weapon
• Injury or officer exhaustion
• Officer - ground level
• Terrain/environment
• Previous experience
• Special knowledge
• Intoxicated or mentally/emotionally disturbed
• Officer disablity
• Sudden attack

DON'T WRITE YOUR REPORT FROM VIEWING BODYCAM FOOTAGE.
Write a supplemental report if needed after viewing the footage. It's important to capture details as you perceived the (reasonable officer) vs what the camera saw.

1. Scene
• Describe the severity of the security problem or crime
• Describe the scene of the incident in detail, include environmental weapons, physical barriers, specific locations, and witnesses
• Note the weather and lighting conditions; pedestrian/vehicular traffic congestion or flow; availability of backup; your distance from the threat
2. Threat
• Describe whether the subject poses an immediate threat to the safety of the deputy or others
• Describe the threat perceived by a reasonable officer (subjective)
• Describe the threat's facial expressions, threatening gestures, know pre-existing injuries, and statements by the threat (include quotes if possible)
• Describe the elements of threat assessment: Intent, means, and opportunity
• Describe how the subject was actively resisting
• Talk about your fears and concerns
3. Use of Force
• The need to use force as the appropriate response to the perceived threat (objective)
• The amount of forced used in relation to the need for force (reasonable & necessary)
• Indentify the 'Officer vs Threat Factors' and 'Influential Circumstances' which necessitated the level of force
• Describe the force options you considered and why you chose the one you selected
• Talk about any prior knowledge of or information you found out about while en route that affected your decision
• Describe how much time you had to make a decision to use force and what circumstances effected the decision
• Describe how you applied the technique or force option
• Explain WHY you used that method/technique/level of force. Not what, but why.
• Describe Effort(s) made to temper the severity of the forceful response
• Don't use general term (aggressive, threatened, resisted, struggles, etc.). Instead, describe in detail the person's behaviour/actions that necessitated the level of force
• If you disengaged the suspect explain the factors in this decision
4. Extent of the injury to the subject
• Document what is observed and known
• Document the care provided.
• If you observe any injury or you should know the subject could be injured, then they cannot refuse care (Let them refuse to the medics)

1. Save lives
2. Rescue, stop, & apprehend
3. NEVER to attack, kill, or assault

1. The officer had probable cause that the suspect had committed a crime of extreme violence or threatened extreme violence AND
2. They were the only the facts know or apparent to officer at time of deadly force use AND
3. The suspect is believed armed OR presents an immediate danger to present OR future officers OR the public should the arrest be delayed - There is no requirement that the suspect is armed
4. A warning to stop is issued (e.g. "Police! Stop or I'll shoot!") if there is time to safely provide such a warning

1. The reasonable suspicion (detention) standard to support the intrusion (evidentiary standard) AND
2. Suspicion of the subject's armed & dangerous status i.e. articulable facts that the subject may be armed, AND search is for weapons only AND limited to the outside of the suspect's clothing. NOT a search for contraband. Minnesota v Dickerson

1. Stopping the driver of a car does not constitute a seizure of the passengers for the purposes of Article I, section 9, of the Oregon Constitution - State v. Amaya
2. Unlike the federal courts, the Oregon courts have not recognized a categorical right to direct the passengers to step out of a stopped car or comply with the officer’s demands - State v. Stevens
3. An officer is limited to investigatory inquiries that are reasonably related to the purpose of the traffic stop or that have an independent constitutional justification - State v. Arreola-Botello

1. The officer's duty requires proximity to the subject AND
2. Circumstances show the suspect may be a threat to the officer AND
3. The intrusion balances with the apparent danger of the circumstances

1. Handcuff the subject
2. Check the handcuffs for proper tightness & fit
3. Adjust the handcuffs (tigher/looser) if needed
4. Double lock each handcuff

1. Judged through the perspective of a reasonable officer
• Officer with same or similar training and experience
• Facing similar circumstances
• Act the same way or use similar judgment
2. Based on the totality of the facts known to the officer at the time the force was applied
• No matter how compelling the evidence is to be found later
• No hindsight evaluation
• Based on the facts known to the officer without regard to the underlying intent or motivation
3. Based on the knowledge the officer acted properly under established law at the time

• The amount of time & changing circumstances the officer had to consider before taking action
• The quanta of force: Type, duration, & intensity of the force used
• The availability of lesser alternatives to force

1. As used in this section, misconduct" means:
1. Unjustified or excessive force that is objectively unreasonable under the circumstances or in violation of the use of force policy for the law enforcement unit employing the offending officer
2. Sexual harassment or sexual misconduct;
3. Discrimination against a person based on race, colour, religion, sex, sexual orientation, national origin, disability or age;
4. A crime; or
5. A violation of the minimum standards for physical, emotional, intellectual and moral fitness for public safety personnel established under ORS 181A.410.
2. Without regard to rank or assignment, a police officer or reserve officer shall intervene to prevent or stop another police officer or re- serve officer engaged in any act the intervening officer knows or reasonably should know is misconduct, unless the intervening officer can- not intervene safely.
3. A police officer or reserve officer who witnesses another police officer or reserve officer engaging in misconduct shall report the misconduct to a supervisor as soon as practicable, but no later than 72 hours after witnessing the misconduct.
4. Failure to intervene or report as required by subsections (2) and (3) of this section is grounds for disciplinary action against a police officer or reserve officer by the law enforcement unit employing the officer or for the Department of Public Safety Standards and Training to suspend or revoke the officer’s certification as provided in ORS 181A.630, 181A.640 and 181A.650.
5. An employer may not discharge, demote, suspend or in any manner discriminate or retaliate against a police officer or reserve officer with regard to promotion, compensation or other terms, conditions or privileges of employment for the reason that the officer intervened or reported as required by subsections (2) and (3) of this section. Violation of this subsection is an unlawful employment practice as provided in ORS 659A.199.
6. The Department of Public Safety Standards and Training shall report at least annually to an appropriate committee of the Legislative Assembly on any rules adopted by the department implementing this section.