The Use of Force Part 1: Constructive Force in Law Enforcement

       Lately, I have encountered in many different forms the idea that as long as the police or other authority isn't enforcing a regulation or law, it's OK to break it. After all, the police don't command our respect and trust, so why worry about breaking the occasional law, and as long as we can get away with it, who cares, right?

    Wrong. I do, and you should too.

    One of the most common ways for the general public to flout the law is by operating a motor vehicle improperly or unsafely. My street has become a speedway and a source of noise over the last two years. It is not a subjective observation that since the start of the pandemic there has been a reduction in motor vehicle stops.  

    The International Association of Chiefs of Police issued training guidelines for officers to continue making necessary motor vehicle stops safely. The guidelines also contained a recommendation that officers use discretion when observing minor violations that had no effect on public safety, as well as limiting response to minor accidents with no reported injuries. For additional information about their recommendations, you can read them here:

https://www.theiacp.org/resources/document/traffic-enforcement-during-the-covid-19-pandemic

    Has this policy initiative, which was also cited after the George Floyd murder in Minnesota as a way to cut down on potential conflict escalations with motorists, also resulted in a relaxed attitude toward breaking the law to begin with? I believe it has. 

    One of the primary functions of police agencies and officers is, of course, to enforce the law. Enforcement is primarily done through the use of what is known as "The Use of Force Continuum"(source Apex Officer Virtual Reality Training) and the ultimate objective is to restrain the suspect and affect an arrest.

    Please note that the proper application of restraints (handcuffs or zip ties) reduces the ability of the suspect to continue to resist in a way that might be harmful to themselves or others. De-escalation of the force continuum is called for in this situation. The continued use of equal force on a restrained suspect is not supported unless there is a clear danger. A suspect simply "mouthing off" is not considered resisting, and exchanging verbal abuse is not professional.

 

1) OFFICER PRESENCE (Constructive Force)

• No force is used. Considered the best way to resolve a situation.
• The mere presence of a law enforcement officer works to deter crime or diffuse a situation.
• Officers' attitudes are professional and nonthreatening.

2) VERBALIZATION (Command voice)

• Force is not-physical.
• Officers issue calm, nonthreatening commands, such as "Let me see your identification and registration."
• Officers may increase their volume and shorten commands in an attempt to gain compliance. Short commands might include "Stop," or "Don't move."

3) EMPTY HAND CONTROL (Hands on)

• Officers use bodily force to gain control of a situation.
• Soft technique. Officers use grabs, holds and joint locks to restrain an individual.
• Hard technique. Officers use punches and kicks to restrain an individual. (I would add to this that fighting is not in the officer's purview. Hard technique force is used to stop the suspect from using it.)
  

4) LESS - LETHAL METHODS (Some protocols use these in                 a different order)

• Officers use less-lethal technologies to gain control of a situation.
• Blunt impact. Officers may use a baton or projectile to immobilize a combative person.
• Chemical. Officers may use chemical sprays or projectiles embedded with chemicals to restrain an individual (e.g., pepper spray).
• Conducted Energy Devices (CEDs). Officers may use CEDs to immobilize an individual. CEDs discharge a high-voltage, low-amperage jolt of electricity at a distance.

5) LETHAL FORCE (Deadly Force)

• Officers use lethal weapons to gain control of a situation. Should only be used if a suspect poses a serious threat to the officer or another individual.
• Officers use deadly weapons such as firearms to stop an individual's actions. (It is incumbent on the officer to use all means to subdue a suspect).
  

 Source: https://www.apexofficer.com/resources/use-of-force

    

    I believe most people are either unaware or have a general misunderstanding of the application of force by police officers. The continuum process allows the officer to meet with reasonable levels of force the opposition of authority by a suspect. The key here is the suspect must initiate the need for the use of force, and the officer must continually re-assess the need for force as the situation changes. If a suspect fails to comply to verbal commands, for example, and the officer applies empty hand control, the suspect may at that point submit and cease resisting. The officer MUST de-escalate his use of such force accordingly. Often, the officer fails to re-assess and continues to use force, causing the suspect to escalate his resistance.

    This is where many situations deteriorate, and it becomes a point of contention for the general public as they believe that most officers continue to use force "for the hell of it" or simply because they have lost control of their own emotions and allowed anger or resentment to cloud their judgment.

    Constructive force is considered the most effective according to  the continuum. Why? Simply put, it requires little or no direct public contact. It is strictly within the discipline of the officer to present the following conditions and characteristics during a normal watch:

• Professional appearance: The officer must maintain a clean and pressed uniform. When I was working in Texas, I found many officers regarded their uniforms as work clothes and not a process of their authority. Keeping an uniform clean and pressed and free of rips, tears, or stains seems beyond question. It became an issue when I was seen in a negative light because I wore my uniform correctly, up to and including a tie with a long sleeve shirt (clip on of course).
  
  
• Professional in conduct: On the back of every ticket book there were do's and don'ts when issuing a summons, including but not limited to "do not lecture the driver", "do not quiz the driver on motor vehicle law", "do not engage in a debate on the justification for the summons" and most of all "be polite".
  
  
• Live by example: Operating the patrol vehicle in an unsafe manner, parking in areas designated not for regular or emergency vehicle parking, even not being seen in establishments that sell alcoholic beverages while on duty or in uniform. Officers have to remember that they are always in the public eye, and that eye can be very vindictive.
  
  

• High Visibility during patrol: I am paraphrasing Sir Robert Peel, considered to be the "father" of modern law enforcement, who said "Police officers cannot be everywhere, but they should be expected anywhere". I know this to be true as it was integral to my basic training but I couldn't find the quote itself. We were also taught a method of patrol referred to as "unsystematically systematic", where all parts of a patrol area were covered but without a detectable and predictable pattern. In short, people are less apt to break the law when there is a cop around.
  
  

    Proper constructive force is correctly employed when the general public isn't even aware of it. It is the positive psychological effect of good training and a professional approach to the job. It is diligence, efficiency, observation, and good public relations combined.

    Unfortunately, there is no arguing that some officers believe that the first level of force is a willingness to use it. The public perception of the police has become one of distrust at best. Suspicion and downright loathing of the overt expression of authority by police officers fuels this perception and has the general public on edge. The current trend in tactical style uniforms complete with body armor worn visibly alters the psychological effect of constructive force. The uniform and posture of officers clad this way does not send the comforting message of "We are vigilant". It portrays the officer as ready to do battle with an unseen enemy. It is inconsistent with the practice of establishing and keeping peace in an otherwise quiet neighborhood. 

        The practice of constructive force is not easy. It requires a level of professionalism that escapes many younger officers who were influenced by such television shows as Cops. T show portrayed law enforcement as a job with continuous action. Contrary to what the show presented, the job is mostly routine patrol, there is no glamour, nor should there be. 

    All activity lies within the scope of the officer, not just criminal activity. Seeing and being seen is an equal requirement for an effective officer and a law abiding general public. It is the first step in re-establishing trust between the two.

Next in the series: Verbalization and The Use of Command Voice.