Exhibit 2.pdf

Appendix 4 FLETC Use of Force Model (Form SH-8704, Rev. 04/99)

Introduction

The proper use of force is one of the more critical concerns in contemporary law enforcement.You may be confronted in your law enforcement career with situations that will require you to make split second decisions, some of which may have severe, life threatening consequences for you, the offender and the citizens we serve.Your training at the Fed-eral Law Enforcement Training Center (FLETC) will provide you with the knowledge and skills to assist you in making critical decisions about proper force utilization and control.

One of the major objectives of the training at the FLETC is to provide current and relevant instruc-tional material related to the proper utilization of force.Towards this goal, we include a review of the Use of Force model.The model is designed to assist you in developing the necessary skills when directed toward situational circumstances, the action(s) of the subject(s) and the reasonableness of your selected response.

The primary goal of the officer’s effort is to gain and maintain control of the subject. Ideally, each enforcement encounter results in a “balanced’ uti-lization of force flowing in the form of escalation, stabilization or de-escalation.The utilization of force is based upon the threats presented and the subject’s degree of compliance or noncompliance.

The application of force during an officer/subject encounter should be based primarily on the per-ceived action(s) of the suspect and not on the actor(s) with whom you are dealing.

Status, notoriety, reputation and friendship should not be a part of the decision making process. An officer’s response to a subject’s perceived actions must be guided by objective reasonableness when effecting lawful control.

Use of Force Model

For the past decade, the FLETC has adopted an inte-grated approach in the education and training of law enforcement officers in the use of force issues.The model incorporates the three elements the U.S.

Supreme Court identified as critical in the determina-tion of the “objective reasonableness”of force utiliza-tion.This standard asks whether the officer’s actions are objectively reasonable in light of the facts and cir-cumstances confronting the officer and not whether the officer’s subjective intent or motive was evil or good. Any inquiry into the reasonableness of an offi-cer’s actions will view his use of force in light of the facts and circumstances confronting him, without regard to his underlying intent or motivation.

These elements are incorporated into three facets of the model: the officer’s reasonable perception of the situation and risks (Officer Perception) and the offi-cer’s perception of the subject’s actions (Subject Action) should determine the officer’s selected force response (Office Response).

Officer Perception

The perception of a threat by an officer has often been associated with the color spectrum.The five officer perception levels and their color coun-terparts include:

1. Strategic—the professional officer is engaged in duties with an occupationally produced perception of responsibilities and risks.The broad foundation of the model is represented

Federal Protective Service • Security Guard Information Manual, 2008 Revision 85For Official Use Only by the blue baseline of the color-keyed assess-ment spectrum.

2. Tactical—Here the officer perceives an increase in risks within the confrontational environ-ment, evolving into a procedural process and the development of tactics. The second level of the model is depicted by the color green.

3. Volatile—The officer perceives the situation escalating and the level of noncompliance has increased.The color yellow on the model indi-cates an activated level of alertness in which specific risks are identified by the officer.

4. Harmful—The perception of danger has acceler-ated for the officer and there is a more directed focus on officer safety and defense.The color orange represents the level of the model.

5. Lethal—The potentially lethal degree of risk is the most infrequent, and yet most critical for officer safety and survival. The highest level on the model correlates to the most intense color in the threat assessment spectrum, red.

Subject Action

The left side of the model identifies the five subject action levels judged from the “perspective of the reasonable officer,” “with circumstances that are tense, uncertain and rapidly evolving,” Graham vs.

Connor, 490 US 386 (1989).

These five levels include:

1. Compliant (Cooperative)—This level represents the vast majority of officer/subject encounters.

The likelihood of a physical response by the subject is minimal.The officer can control the situation by using officer presence and verbal-ization skills.

2. Resistant (Passive)—The remaining four levels of subject action are various levels of noncom-pliance.The subject exhibits the preliminary level of noncompliance that requires some degree of physical contact by the officer in order to elicit compliance. For example, a sub-ject verbally refuses to go with the officer fol-lowing a lawful arrest. The subject offers no physical or mechanical enhancement toward the resistance effort other than to stand motionless or remain seated.

3. Resistant (Active)—At this level, the scope and intensity of the subject’s resistance has increased.The subject is exhibiting physical or mechanical defiance to the officer’s control. For example, during an arrest, the subject turns and walks away from the officer.The subject is using physical energy directed away from the officer. Another example would be if several subjects interlocked their arms together in an act of civil disobedience.The subjects would be perceived at the resistant (active) level on the model because the subjects are using force and/or energy to maintain resistance.

4. Assaultive (Physical Injury)—The officer has the perception of an attack or the potential for such an attack on the officer or others.The officer makes the reasonable assessment that such actions by the subject would not result in death or serious physical injury to the officer or oth-ers. An example would be during a lawful arrest, the subject walks away from the officer after being given verbal commands to stop.The subject suddenly turns and runs towards the officer with clenched fists to strike the officer and cause physical injury.

5. Assaultive (Serious Physical Injury/Death)—The highest level of noncompliance is the least encountered but poses the most serious threat to officer safety.The officer’s objective, reason-able assessment is such that assaultive actions pose an imminent danger by the subject that could result in death or serious physical injury to the officer or others. A subject is holding hostages in a barricade situation.The subject is threatening to kill innocent victims if his demands are not met. If the subject is not stopped, innocent citizens and police officers could be seriously injured or killed.

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Officer Response

The right side of the model identifies the five offi-cer response levels. It should be noted that any response from a lower level can be utilized at any of the above levels if selected by the officer.These lev-els include the following:

• Cooperative Controls—This level includes methods to preserve officer safety and survival, including:

officer presence, communications skills, restraint applications, etc. It is important to recognize that the cooperative controls can also be used at all levels within the model in addition to those tools identified throughout the model. For instance, communication skills can be used in an assaultive confrontation by telling the suspects to “Stop,” “Get down,” etc.

• Contact Controls—When confronted with a sub-ject demonstrating resistant behavior, the officer uses low-level physical tactics to gain control and cooperation.These tactics can be psychologically manipulative as well as physical, and can include additional verbal persuasion skills, relative posi-tioning strategies and escort positions. For exam-ple, if a person who is to be placed under arrest refuses to cooperate with the officer, but remains at the lowest end on the resistance scale and is passive in refusal, the officer would most likely respond with soft empty hand control. The officer may await backup officers and show strength in numbers.

• Compliance Techniques—When the subject becomes actively resistant, the officer uses physi-cal control tactics. These tactics should be of suffi-cient force to overcome the active resistance of the subject and the officer should remain vigilant for more aggressive behavior from the subject.

Examples include come-along holds, pressure point applications, joint locks, takedowns and chemical agents.

• Defensive Tactics—At this level, the subject attempts or achieves an assault on the officer or another person.The officer is justified in using defensive countermeasures designed to cease the subject’s non-lethal assault on the officer or oth-ers, regain control and assure continued compli-ance.These tactics include baton strikes, striking and blocking techniques, etc.

• Deadly Force—When the officer perceives that the subject of such force poses an imminent danger of death or serious physical injury to the officer or to another person, immediate countermea-sures must be used to stop the threat. These tac-tics could include the discharge of a firearm and other forms of deadly force.

Color Correlation

As is evident, color is a significant component of the Use of Force Model.The colors (blue, green, yellow, orange and red) were drawn from the scien-tifically supported sequencing of the basic light spectrum, and provide for specific color correlation throughout the model.

• Control Superiority Principle—As one looks at each level of the model, it is evident that the color of the officer response side of the model is brighter or more intense.This increase in color intensity is used to facilitate the principle that the officer is always superior to the subject’s degree of compli-ance/noncompliance in terms of controlled and balanced force utilization.

• Officer Assessment/Selection Arrows—The dou-ble-headed arrows are used to indicate the dynamic nature of an officer’s decision-making process during an enforcement encounter.The subject may escalate, stabilize or de-escalate his degree of noncompliance during the confronta-tion; so too, the officer must be able to practice flexibility in force responses to match the threat.

• Survival Shadow—The officer assessment and selection arrows are bordered with a red line to indicate that the officer’s occupation is of high risk.The officer must be constantly reminded that imminent danger causing death and/or serious physical injury can occur at any time.

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Tools, Tactics and Timing

Tools are the mechanical, physical or mental resources we have in order to promote or gain com-pliance.These include the curriculum topics such as intermediate/lethal weapons, weaponless control techniques and survival mind-set. The officer may rely on a variety of tools in response to an enforce-ment situation.

Tactics are the applications of these tools in the form of techniques, procedures, etc.The officer must incorporate the tools into strategies to accomplish an arrest, such as keeping the subjects hands visible at all times or the proper use of cover or concealment.

Timing is the correlation of tools and tactics to pro-duce the timely and effective application of the appropriate level of force required to establish and maintain lawful control. An example is when an offi-cer applies handcuffs during an arrest in order to minimize the potential of an assault on the officer.

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