As part of the SCRJ’s Model Use of Force Policy Beta Release, we will be posting individual chapters and accompanying explanatory materials, including main point summaries and fact sheets. Read the full Chapter 3: Speaking Techniques, Physical Controls, and Personal Body Weapons.

The Model Policy emphasizes de-escalation before use of physical controls and body weapons. De-escalation includes, but is not limited to, speaking techniques. Officers have a continuing obligation to de-escalate their use of force to the minimum degree required to maintain control of an individual as circumstances change.

WHAT ARE SPEAKING TECHNIQUES?

Verbal Persuasion

Definition: A method of communication to persuade, as opposed to command, a subject to refrain from a specific action or non-action, and if applicable, to persuade a subject to voluntarily surrender before an officer uses any form of force, including verbal commands.

Example: You seem to be a reasonable person, [continue with verbal command].

Verbal Command

Definition: A method of control/force that includes instruction or direction from an officer to a subject in the form of a verbal statement or command.  The statement instructs a subject to engage in or refrain from a specific action or non-action (e.g., “Put your hands behind your back.”).

Example: Put your hands behind your back.

WHAT ARE PHYSICAL CONTROLS?

Definition: An officer’s use of his/her arms and/or legs to physically apprehend, restrain, immobilize, restrict, or otherwise subject an individual to an officer’s physical control.

Examples: Physical controls include empty hand controls such as wrist locks, twist locks, finger flexes, arm bars and escort positions; the application of force to pressure points; the application of an officer’s body weight; and pain-compliance techniques.

WHAT ARE PERSONAL BODY WEAPONS?

Definition: An officer’s use of his/her body parts, including but not limited to hand, foot, knee, elbow, shoulder, hip, arm, leg or head by means of kinetic energy transfers (impacts) to gain control of a subject.

Examples: Personal body weapons include palm heel strikes, common fist strikes, bottom fist strikes, elbow strikes, knee strikes, front kicks, side kicks, roundhouse kicks, leg sweeps, hip throws, front leg wraps, and front and rear take downs.

DE-ESCALATION REQUIREMENTS BEFORE USE OF PHYSICAL FORCE

Before using physical force, officers must first attempt to speak to a subject—or use verbal commands, if persuasion is ineffective—to de-escalate a situation and to gain compliance.

WHEN CAN PHYSICAL CONTROLS AND PERSONAL BODY WEAPONS BE USED?

Whenever physical force is used, officers must use the minimum level of force necessary to accomplish a Lawful Objective. Lawful Objectives are strictly limited to the following situations:

• Conducting a lawful search;
• Preventing serious damage to property;
• Effecting a lawful arrest or detention;
• Gaining control of a combative subject;
• Preventing and/or terminating the commission of a crime;
• Intervening in a suicide or self-inflicted injury; and/or
• Defending an officer or person from the physical acts of another.

KEY PROVISIONS

• Before using physical force, officers must first attempt to speak to a subject—or use “Verbal Command,” if “Verbal Persuasion” is ineffective—to de-escalate a situation and to gain compliance. Officers have a duty to consider possible reasons a subject may not be complying, such as hearing disabilities, neuroatypicality, or language barriers.
• The Model Policy clearly defines what constitutes a physical control and a personal body weapon unlike many other policies.
• If speaking techniques do not gain control of a subject and the subject’s physical actions become actively resistant to a point that prevents an officer from making an arrest or preventing imminent bodily harm, an officer may use Physical Controls against the subject, but only to the extent necessary to carry out a Lawful Objective.
• An officer may not use “Personal Body Weapons” unless both speaking techniques fail and “Physical Controls” fail, except if an officer believes that the Personal Body Weapon is necessary to prevent imminent bodily harm to the officer, the subject, or another person and that belief is consistent with available information. In addition, “Personal Body Weapons” may be used only to prevent imminent bodily harm.

DOWNLOAD OUR CHAPTER 3 FACT SHEET.

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