Public Safety Training Center PowerPoint Lesson Plan Cover Lesson Title: DPF & Article 35 for Firearm Instructors Course: Firearm Inst.
Date: 03/22/07
Duration: 2 hours
Location Presented: PSTF Room 107 Method of Presentation: Lecture Objectives: See attached PP slides Trainee References: Handout Instructor References: OPS Police Off. Curriculum, NYSPL Art. 35, USC 1983, Calibre Press Street Survival and Tactical Edge Books/Seminars, Video: Milita Assault, Car Phone Not Gun, Scenario 7 Calibre PRess Training Aids Required: PowerPoint Presentation – Computer and Projector
NYSPL Article 35.00 Use of Deadly Physical Force for Firearms Fi Instructors I t t
Presented by: Guy Rossi, PSTF
[email protected] 585.753.3706
Training Objectives 1. List orally or in writing
circumstances which justify the use of deadly physical force according to NYSPL Article 35
Guy A. Rossi - DPF Overview for Firearms Instructors - 3/22/07
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Training Objectives 2. Define
the terms:
Deadly Physical Force ¾ Serious S i Ph Physical i l IInjury j ¾ Control ¾
Training Objectives 3. List the considerations and
consequences associated with use of deadly physical force
Objectives 4. Recite what guidelines govern police use of force. 5 List six officer survival 5. errors that contribute to officer injury and death
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Objectives 6.
Recite four of the seven conclusions that the FBI determined to be factors in the 1990 study of officers killed in summary.
Anyone Been Worried About Their Safety This Week?
It’s really
like this on the line some days!
Future Firearms Instructors
Who g gave that man a gun???
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Decisions about
use of force must be made d i i l decisively Split seconds Often under the most difficult of situations
Is this your vision???
This is what it really looks like…
Many videos demonstrate common elements • Confusion • Quick paced • Cross Fires • No cover • Back up less than capable
1. What tactical errors do you see in this video that facilitate a gunfight? 2. What survival tactics were used to reach a successful conclusion?
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Questions: What tactics did the responding
officer’s use? What other tactics are available? Is the secondary officer’s shooting of the fleeing vehicle justified under law or your own departmental policy?
Use of Physical or DPF MUST be incompliance with:
NYS Penal Law Art. 35 Department Policies and procedures
Objective 1
Department Policies & Procedures are: 9 Generally MORE
restrictive than departmental policy 9 Use of force must always y be in compliance with Article 35 and department policies & procedures
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Justification is a ………. “Defense to an offense.” An individual admits that an
offense has been committed, but at the same time asserts that it was committed under circumstances which legally justified the action taken. (§35.05)
Choice of Evils Doctrine The actions of an individual
legally constitute an offense. But in not taking action action, the occurrence of a greater evil was prevented (§35.05)
Necessity Physical
and/or DPF should be used only as a last resort.
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Deadly Physical Force (DPF) Physical force which
under the circumstances it is used be readily capable of causing death or other serious physical injury §10.00 (11)
Objective 2
Serious Physical Injury Physical injury which creates
a substantial risk of death or which causes death or protracted disfigurement, p disfigurement g , protracted impairment of heath or protracted loss or impairment of the functioning of any bodily organ §10.00
Objective 2
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Control A perception based on training and experience Objective 2
Consequences of Misuse Civil Liability Criminal Prosecution Departmental Discipline (including termination) Objective 3
Consequences of Misuse Increased Scrutiny (self, other officers, & dept.) Living with the decision made Unnecessary injury or death (self and others) Objective 3
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Police Officer Anyone appointed by a
governmental entity pursuant to §1.20(34) of the CPL-Expanded Authority?
Note: It is important that when you teach firearms that you know exactly who you are teaching and the extent of their authority!
Peace Officer Anyone appointed by
an entity pursuant to CPL §2.10. Expanded authority is generally p more limited than police officer.
Note: It is important that when you teach firearms that you know exactly who you are teaching and the extent of their authority!
Civilian Anyone who
is not a police or peace officer.
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What governs use of force by law enforcement officers? NYS Penal Law
Article 35.00 Departmental Policy Federal Statues USC 1983 Case Law Civil Law Objective 4
Use of Physical Force Police Officers Use of Physical Force is
authorized if necessary to arrest ap person,, when the officer has reasonable belief that the person has committed an offense. §35.30 (1)
Use of Physical Force Police Officers Use of physical force by a police or peace officer is authorized if it is necessaryy to prevent the escape of a prisoner from custody or a detention facility.
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Use of Force Exigent Circumstances?
Justified???
This woman is pointing an Uzi at you and the VIP you are there to protect.
Deadly Physical Force (DR BARKS) DPF by a police officer or a civilian is authorized if necessary to prevent or terminate what the individual reasonably believes is or is an attempt at:
Deadly physical force against self or another person. Note: Generally a civilian is required to retreat if possible, a police officer is not required to do so §35.15(2)(a)
Deadly Physical Force (DR BARKS) Robbery - any degree §35.15 (2)
(b) Burglary of a dwelling or occupied building only. only A civilian must be the owner of the premises or must be licensed or privileged §35.15 (2) © & 35.20(3)
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Deadly Physical Force (DR BARKS) Arson - any degree. Applies to
buildings only…not automobiles §35.20(1) Rape - forcible only §35.15.(2) §35 15 (2) (b) Kidnapping - any degree §35.15.(2) (b) Sodomy - forcible only §35.15.(2) (b)
DPF - Arrest Stage Civilians (MR&MRS) Can use DPF when he
reasonably believes it is necessary to effect the arrest of a person who has committed: Murder Robbery Manslaughter
1st
DPF - Arrest Stage Civilians (MR&MRS) Rape – forcible only Sodomy – forcible only
NOTE: The perpetrator of the crime must b iin iimmediate be di t fli flight ht th there ffrom. Attempts do not authorize use of DPF
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DPF - Arrest Stage Civilians (MR&MRS) -OR-
DPF by a civilian is authorized to defend him/herself or a third party from what he reasonably believes to be the use or imminent use of DPF
DPF – Police Arrest Stage (BAKE) Authorized if necessary to arrest a person …reasonably believes..committed or attempted to commit: commit Burglary 1st Arson (building only) Kidnapping Escape 1st
Use of Force Exigent Circumstances? Are you justified in this
scenario?
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DPF – Police Arrest Stage -OR-
Any felony,
attempted or committed, committed involving physical force §35.30(a) (I)
DPF – Police Arrest Stage -Or Any felony, when the perpetrator is resisting
arrest or is attempting to escape and: 1. 2.
Is armed with a deadly weapon Is armed with a firearm
DPF – Police Arrest Stage Any offense, attempted or
committed, where deadly physical force is necessary to defend an officer ffi or another, th from f what h t the th officer reasonably believes to the use or imminent use of DPF.
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Based on previous slide would DPF be justified in the below incident?
DPF – Police Arrest Stage Any felony when
sub. Resists arrest or is attempting to escape and: d 1. Is armed with a deadly weapon 2. Is armed with a firearm
DPF – Police Arrest Stage Any offense, attempted or
committed where DPF is necessary to defend an officer or another from what the officer reasonably b li believes t be to b the th use or imminent use of DPF §35.30(1) ©
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Tennessee v. Garner (1985) 471 US 1, 105 Sup. Ct. 1649
“The use of DPF to prevent the escape of all felony suspects, whatever the circumstances is constitutionally unreasonable.”
Tennessee v. Garner (1985) 471 US 1, 105 Sup. Ct. 1649 The impact of the above effects: Burglary 1st – DPF may not be used to apprehend a persons who has only caused physical injury injury. Arson – Any degree Kidnapping-Any degree
Tennessee v. Garner (1985) 471 US 1, 105 Sup. Ct. 1649 The impact of the above effects: Escape (1st degree only) DPF may not be used to apprehend unless the officer reasonably believes that the person used, attempted or threatened the imminent use of DPF during the commission of the crime
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Tennessee v. Garner (1985) 471 US 1, 105 Sup. Ct. 1649 Any felony attempted/committed
involving the use of physical force: DPF
may not be used unless the officer reasonably believes that the person used, attempted or threatened the imminent use of deadly physical force during the commission of the crime.
Necessity Physical force and DPF
should only be used when absolutely necessary necessary, only a minimum amount of force should be used.
Components of a Defensive Tactic System Defensive Tactics
Verbalization Skills
Unarmed Techniques -Soft Reactionary /persuasive compliance -OC -Hard Reactionary /persuasive compliance
Impact Instruments -Soft Reactionary /restraining Techniques Hard Reactionary /control techniques
Less Lethal -Bean Bag -Pepperball
Firearms
-Taser
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Progression of Force AKA Use of Force Matrix Use of force is in
response to the subject’s resistance. Officers who use
excessive force are generally justified in the initial escalation, but rather fail to deescalate.
Use of Force Matrix Regardless of what
level you begin at you should eventually deescalate to control. There is no set starting point or predetermined aggress or digress.
Discuss the Matrix
Officer/Subject Factors
May work in either the officer or the subject’s favor 1. 2. 3. 4. 5.
Age Sex Si Size Skill Number of participants involved
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Special Circumstances Allows officers to rapidly jump steps in the Force matrix: 1. Close proximity to a weapon(s) 2. Special Knowledge 3. Injury/Exhaustion 4. Ground Fighting 5. Number of participants involved
Video – Boston Shooting
Discuss the tactics and liabilities following this video clip.
COMMON ERRORS What am I rehearsing?
FAILURE TO MAINTAIN A PROFICIENCY WITH EQUIPMENT
Objective 5
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COMMON ERRORS
POOR HANDCUFFING AND SEARCHING TECHNIQUES
Objective 5
COMMON ERRORS
MISSING DANGER SIGNALS
Objective 5
COMMON ERRORS
FAILURE TO MAINTAIN CONTROL OVER THEIR WEAPONS A victim of OC overspray
Objective 5
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COMMON ERRORS
FAILURE TO MAKE PROPER USE OF BACKUP Objective 5
COMMON ERRORS MAKING FALSE OR DANGEROUS ASSUMPTIONS
Objective 5
COMMON ERRORS
POOR POSITIONING
Objective 5
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More Common Errors Complacency Kills Bad Habits
Ignoring Your Sixth
Dangerous
Sense
Assumptions Poor P Street St t Position P iti Position of Disadvantage Getting Distracted
Needless Arguments Getting Too Close, Too
Soon Taking on Too Much Arresting Without
Backup Misjudging Subject’s
Intentions
Objective 5
More Common Errors Not Keeping The
Missing Weapons
Subject Off Balance Poor Handcuffing, Searching R l i T Relaxing Too S Soon Not Using Cover Officers Missing Danger Signs Rushing
Poor Weapon Retention Practices Disregarding Potential Attackers Not Controlling Surroundings
Objective 5
FBI STUDY - 1990 STATED OFFICERS ARE KILLED WHEN THEY:
HAVE AN UNBALANCED PUBLIC RELATIONS OR SURVIVAL ORIENTATION USE LESS FORCE THAN PEERS USE FORCE LATER THAN PEERS
Objective 6
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FBI STUDY - 1990 STATED OFFICERS ARE KILLED WHEN THEY:
SHORT CUT RULES AND PROCEEDURES ACT WITHOUT WAITING FOR BACKUP RELY HEAVILY ON READING PEOPLE DROP GUARD WHEN GOOD IS PERCEIVED.
Objective 6
Summary 1. List orally or in writing circumstances
which justify the use of deadly physical force according g to NYSPL Article 35 2.
Define the terms: ¾ ¾ ¾
Deadly Physical Force Serious Physical Injury Control
Summary 3. List the considerations and consequences associated with use of deadly physical force 4. Recite what guidelines govern police use of force. 5. List six officer survival errors that contribute to officer injury and death
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