Page 20 - WEST FOP BlueNote 2017 Jan Feb Issue

Police Use of Force: The FOP Will Defend Our Rights

By Terry Mangum – Legal Aid Committee Chairman

Law enforcement use of force is among the most con- hostile suspects who make foolish sudden furtive move-

troversial and misunderstood public interest topics in the ments into pockets, waistbands, purses and other loca-

country. We are hearing more media spin on police force tions where deadly weapons may be hidden, often re-

about every night. Most everyone has an opinion about quire deadly force.

police force but few understand the basics of force The doctrine of mistaken beliefs insulates officers

law. The civil rights of police officers to live and go from liability where their conduct is based upon a rea-

home is under challenge at a time when we most need to sonable mistaken belief. A toy gun or even a cell phone

support officers. can look just like a real weapon, especially at night, and

Education about police force is sorely needed includ- warrant deadly force. An honest mistaken belief or a

ing classes in elementary and high schools to train kids poor judgment call in a chaotic environment is not sup-

how to not overreact and improperly respond to an in- posed to send the officer to jail or the poor house.

quiring police officer. Citizens might better appreciate The Supreme Court has long recognized the "practi-

police officers if they understood split second decision cal difficulties of attempting to assess the suspect's dan-

making and force law in dangerous environments with gerousness." Courts have also recognized that officers

weapons such as guns, knives, cars and more. are particularly vulnerable to unfounded claims of abuse.

Special rules have emerged for law enforcement use False or frivolous complaints of excessive force are a na-

of force cases which are substantially different from tra- tional problem. The increasing frivolous civil and crimi-

ditional criminal law principles. The law of force is gen- nal charges against officers are harmful to the entire sys-

erally deferential to the reasonable perceptions and be- tem and deter effective policing. The police community

liefs of the officer at the scene. Despite this balanced is sick and tired of being maligned for using force when

law, political and other pressures are often brought to in- the law clearly permits and requires it. Officers are

dict and sue police officers when little Johnny has caused sworn to defend and stop threats and yet are now increas-

his own injury or death by trying to stab or otherwise ingly charged for simply doing their jobs.

maim an officer. Police officers using force may not be Many erroneously perceive that more police training

held civilly or criminally liable if the officer could have will necessarily result in avoiding force. While more of-

reasonably believed that the level of force used was ap- ficer training consistent with the law is typically helpful,

propriate. the more needed training is for citizenry to avoid putting

Police suspect encounters often involve environmen- themselves and officers in danger and thus avoiding the

tal constraints and exigent circumstances thus making need for force.

immediate decisions more difficult and dangerous. Some Many groups are now advocating radical change to these

of these factors include rapidly evolving circumstances, basic principles which govern the use of force. The FOP

the presence of apparent weapons, articulated threats, will mount an affirmative defense against any tinkering

darkness and other poor lighting conditions, other visi- with these principles because Officer Safety is the fore-

bility constraints, uncertain terrain, noise, agitated sus- most objective of the FOP.

pects and or bystanders, confusion, and anxiety and emo- In conclusion, police force is often a necessary com-

tion from the encounter. ponent of effective policing as law and order demands it

Officers are often required to act in a split second to prevent injury and death to officers and bystand-

without any opportunity to study or even reflect. Out ers. Partial solutions to reducing police force include a

pops the gun or knife, and it is on. When an apparent more informed citizenry teaching that violence, weapons

weapon is observed, there is not time for chit-chat. The or furtive movements towards officers will often result

threat has to be stopped. An edged weapon within twenty in serious defensive force. More resources and officers,

one feet of an officer is usually subject to deadly force better equipment, realistic management and community

because the typical time to reach the officer is quicker support will also help officers confidently carry out their

than the officer can unholster, aim and fire. duties. Police families want officers home at the end of

Honest mistaken beliefs sometimes occur in enforce- the shift, not in the cemetery, and use of force law pro-

ment environments. These unique contexts, along with vides officers with the opportunity to go home. As it

should be.

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