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Legal
Questions Answered:
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Question Title: Creating
a Use of Force Report
E-Newsletter
Edition: June 13, 2007
Always note that state law may be
more restrictive on police power than the U.S. Constitution.
As a defensive tactics instructor, I am always trying to stay updated
on information as much as possible. As I am rewriting my departments
Use of Force policy, the area of concern I have is with the Use
of Force report. I was wondering what your thoughts were on the
need for the report, and what you would consider to be the key
elements in developing this form. As I have been directed to create
the report, I would appreciate any incite on the content of this
matter. Thank you.
_____
The best place to start is with the Department of Justice Consent
Decrees/Memorandums/letters of recommendation. As I’m sure
you know, the United States DOJ has investigated a number of
police agencies over the last 15 years or so and in some cases,
virtually took the agencies over. In each of their most recent
cases, see Beacon New York and Warren Ohio, the DOJ has indicated
that the agencies must put systems in place for use of force
reporting and review. Additionally, the IACP has had model policy
on this for years. The biggest reason is that the failure to
properly document use of force has been used by plaintiffs’ attorneys
to establish that an agency is acting inconsistently with the
generally accepted practice of having use of force reporting
and review and therefore are deliberately indifferent to use
of force. It is important to recognize that when agencies collect
this data, it is always beneficial to the agency- nationally
agencies use force in ½ of 1 % to 3% of all contacts with
individuals. Most agencies find themselves within this number.
There are a number of good reports out there. The best forms
document the subject’s actions which caused the officer
to respond with a control tactic. The emphasis should be on the
seriousness of the offense the officer suspected at the time
the force was used, the physical threat the subject created and
finally it should identify how the subject actively resisted
the officer or attempted to evade arrest by flight. Finally,
the report should capture each level of force the officer used.
Medical information concerning injuries to the subject and the
officer should also be documented.
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