Use of Force

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Use of Force

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By: NIPUNDEOLIA (8 month(s) ago)

aswome

Presentation Transcript

Slide 1: 

I) Legal Guidelines II) Use of Force Policy III) Use of Deadly Force Policy Covenant Security-Procedure Training Modules

Slide 2: 

Security not law enforcement Acting outside course of scope May be held personally responsible Legal Guidelines

Slide 3: 

Private citizen may make a citizens arrest if: a. Felony committed in presence b. Probable Cause that a person committed the felony c. Witnessed misdemeanor, and necessary to prevent continuance Citizens Arrest Security should affect lawful detention in lieu of an arrest

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Must be Reasonable Reasonable amount of time, not beyond arrival of Law Enforcement Probable cause of Felony Necessary until arrival of Law Enforcement Detention

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Notify Supervisor or Staff at 701 You have the right to protect Midwest ISO property Do not stop individual unless safe and completely justified Have a witness (Preferably-Security Officer.) Identify yourself Officers Actions

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Ask them to go out of public view Ask for identification Ask them to answer questions Ask to look in packages or carry items Officers Actions-Continued

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Notify Law Enforcement Do not accuse or threaten Touch only if necessary to protect Consider the seriousness of the crime and resistance offered Officers Actions - Conclusion

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a.) Consent (oral or written) b.) Condition of employment c.) Incidental to valid arrest ( Not applicable for security office) d.) Incidental to a valid detention-protection against possible weapons (safety frisk) e.) Must be reasonable under circumstances Searches When searches are permissible:

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Justified under Indiana Code 35-41-3-2 and 35-41-3-3 Amount of force justified, only least amount needed to secure or control the situation Not meant to be punitive Last resort-summon police Use of Force

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Invasion of Privacy/Defamation/Slander: Remove subject from public eye Have a witness Be investigative rather than accusatory, no name calling or insults Liable is the written form, slander is oral of defamation

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Persons not allowed to pass out hand-bills or private property No Soliciting on Midwest ISO property without pre-approved arrangements made by Midwest ISO Staff Vendor/Solicitors

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Agent has no legal authority on private property Not allowed to disrupt Midwest ISO work areas or parking lots Individual should be immediately escorted off property Collections/Repossessions

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If individual fails to leave or becomes disruptive, immediately notify police (Trespassing) No vehicle can be towed from Midwest ISO property without owners consent Court repossession orders do not typically apply on private property Collections/Repossessions Continued

Slide 14: 

Security should make every attempt to assist law enforcement Security Manager or proper Midwest ISO staff member should be notified Serving of Legal Court Orders or Documents

Slide 15: 

Guidelines for Covenant Security Officers Apprehension and Arrest of Offender Preventing Possible Escape of offender Defending himself/herself , or third party from the Threat of or Imminent Use of Physical Force Covenant Security Use Of Force Policy

Slide 16: 

Only that force necessary to overcome opposing force Supreme Court decision Graham v. Conner Perspective of reasonable officer Reasonable Force

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Force that is more than the minimum required to accomplish task The application of unlawful force Unlawful orders from supervisors to use force Excessive Use of Force

Slide 18: 

Select lowest level of force Necessary and Reasonable to control situation Escalate to the level of force Necessary and Reasonable to control situation Escalation/De-escalation of Force

Slide 19: 

Weapons, procedures, behavioral perspectives Actual utilization of tools into strategies deemed necessary and viable within enforcement effort Directness of security guard, response to actions of subject, measured in terms of immediacy and necessity Tactics-Tools-Timing

Slide 20: 

Enforcement Level One-Blue Enforcement Level Two-Green Enforcement Level Three-Yellow Enforcement Level Four-Orange Enforcement Level Five-Red 1. Self-Defense 2. Defense Of Others Use of Force Model Levels

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Level of force structured on a continuum with minimum force, maximum force, and incremental levels between the two extremes This results in a scale of options, each of which may or may not be available to the security officer at the scene Conclusion

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Covenant Security recognizes the need for a balanced approach to a deadly force policy This policy is to guide officers to operate professionally within the perimeters of policy to ensure appropriate application of deadly force Covenant Security Use of Deadly Force Policy

Slide 23: 

Reasonable person Likely to cause death or serious bodily harm Justified under conditions of extreme necessity All lesser means have failed Definition For Use of Deadly Force

Slide 24: 

Self-Defense Reasonably necessary to protect security officer, who reasonably believes himself to be in imminent danger of death or serious bodily harm Defense Of Others Reasonably appears to be necessary to prevent commission of a serious offense against a person(s), presenting Imminent danger of death or serious bodily harm Authorized For Use of Deadly Force

Slide 25: 

If feasible, a warning, or order to halt, Must be given before a shot is fired WARNING SHOTS ARE PROHIBITED Fleeing misdemeanant/felon Innocent bystander Using a handgun as a deterrent Situations That Demand Additional Firearms Considerations

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Elements of Deadly Force Ability To kill or cause great bodily harm Opportunity To kill or cause great bodily harm Imminent Jeopardy Are you or a third party in fear for your life Preclusion Have you reasonably exhausted all avenue available to you at that time and place

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Does the individual/suspect possess the Ability to kill or cause bodily harm Does the individual/suspect have the Capability to kill or cause bodily harm Ability

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Does the individual/suspect have the Opportunity to kill you or cause you serious bodily injury. Is the Individual/suspect within your presence Opportunity

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Has the individual/suspect placed you in Imminent Danger (Threatened and Impending) Black’s law dictionary definition How a reasonable and prudent person will react A jury may be forced to consider whether you or a third person was actually placed in Imminent Jeopardy Imminent Jeopardy

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Preclusion Have you reasonably exhausted all avenues available to you at that time and place, Other Than Deadly Force Did you use the least amount of force necessary Your answer should be yes; otherwise you may have used Excessive Force

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Concluded Preclusion Judgment call How much force is enough How much further can I retreat Make decision in split second Through professional training make the best and most reasonable decision

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Ability Opportunity Imminent Jeopardy Preclusion If not present you may be guilty of excessive force Conclusion: You Must Establish

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Ability and Opportunity Can be proven by individual/suspect’s actions and/or presences Imminent Jeopardy and Preclusion Are proven later examining your analysis of the situation at that particular time and place Concluded Conclusion Deadly force highest standard to justify