Response to Resistance: The Legal Realities of Use of Force in Modern Policing

Good tactics are vital to law enforcement officers in their efforts to keep our communities safe, but they are just the beginning.ย  This course will provide officers with a greater understanding of use of force case law, allowing them to more effectively recognize the legally-significant factors present whenย respondingย toย resistance.ย  After taking this class, attendees will also better comprehend the impact of stress on human performance, and both the value and limitations of body-worn cameras.

Whether you are a patrol officer, a detective, a supervisor, a prosecutor, or part of your agency’s leadership, understanding the legal realities of use of force is integral to modern policing.ย  A superior knowledge of the law will reduce use of force incidents and decrease liability for your agency, empowering officers to provide the highest level of service to their citizenry.

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Course Introduction

Legal Fundamentals

  • The Fourth Amendment
  • State constitutional provision

Golden Rules of Use of Force

  • Your actions must be objectively reasonable
  • The more you articulate why you did something, the more likely it will be upheld in court
  • The more serious the crime, the more reasonable your actions are likely to be viewed
  • Always humility. Never righteous anger.

Two Forms of Compliance

  • Voluntary compliance
  • Compelled compliance

What is a seizure under the Fourth Amendment?

  • Show of Authority
    • State distinctions
  • Physical Seizure
  • 1983 Civil Suits & ยง242 Indictments
  • 1983 lawsuits
    • Federal officers and Bivens actions
  • 242 Indictments

Qualified Immunity

  • Case examples of QI being granted
  • Case examples of QI being denied

Affirmative Duty to Protect Individuals

  • Liability when responding to calls for service involving suicidal subjects

The Reasonableness of Use of Force

  • Graham v. Connor three-prong test
    • Severity of the Crime
    • Threat posed to the officers or others
    • Actively resisting arrest or attempting to evade arrest by flight
  • Other factors to consider
    • Believed to be armed
      • Furtive movements
    • Arrest warrant issued
    • Under the influence
    • Availability of alternative methods
    • Suspectโ€™s criminal history
    • Time of day
    • Number of people
    • Number of shots fired
    • Number of cops versus suspects
    • Anti-police bias
    • Mental health issues
    • How quickly the officer resorts to force
    • Size of officer versus offender
    • Apparent fighting ability
    • Duration, injury, or disadvantage
    • Any warnings given
    • Clear line of retreat
    • Shielding
    • Environmental dangers

Inconsistent Applications of Force by Officers Present

Reasonable Post-Seizure Care

Policy Violations and Objective Reasonableness

Scenarios

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All Students receive

Certificate of Completion

Attorney - Senior Legal Instructor

John Wiehn is an Attorney and Senior Legal Instructor with Blue to Gold Law Enforcement Training. John has been training law enforcement officers for over a decade; he is committed to increasing officersโ€™ safety through their understanding of case law and its real-world application. Johnโ€™s professional endeavors have provided him the opportunity to learn with thousands of officers across the nation.

Before teaching search and seizure full-time, John was a Certified Peace Officer in the State of Arizona. His assignments included Field Training Officer, SWAT Operator, SWAT Less-Lethal Senior Grenadier, and Patrol Sergeant.

Johnโ€™s education includes undergraduate degrees from the University of Arizona. He graduated from Pepperdine University School of Law in Malibu, California, where he also received a Certificate at the Straus Institute for Dispute Resolution, and is a practicing member of the Arizona State Bar.

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