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increasing the likelihood of injuries to the officer against you. No attorney likes to be surprised in
and the suspect. I’ve addressed this before (see the courtroom.
http://www.policeone.com/patrol-
issues/articles/6239862-Use-of-force-How- 7. Prepare, prepare again, and then make sure
much-is-enough/ ) but it seems to be a you over-prepare.
widespread problem in law enforcement. You will be asked about the law, your policy,
NEVER use unreasonable, excessive force, but and your actions. Make sure you can talk about
don’t hesitate to use reasonable, lawful force to these in a confident, knowledgeable manner.
the best of your ability. Don’t use words you don’t understand.
Seriously. After an officer used the word
4. Write the best possible report after a use of “articulate” in his testimony, the opposing
force incident. attorney asked the officer if he knew the
Every single time you use force, assume you definition of articulate. He didn’t. Not only is
will be sued and assume you will be charged this embarrassing, it also affects your credibility
with excessive force. With that frame of mind, with the jury. Don’t try to be fancy and don’t
do your best in writing a complete and accurate pretend to know more than you do. Study,
report. prepare, be yourself, and be honest.
In discussions with other use of force experts
and PoliceOne contributors, a common concern Please remember:
is that officers routinely do NOT write good Know the law, know your policy, don’t be
reports after a use of force incident. I get it. It’s afraid to use reasonable force to the best of your
been a long day, you’re tired, you want to get ability when necessary, write a complete and
home, and it’s possible nobody will ever read accurate report, get help early, work well with
the report. Please don’t think like that. Your your attorney, and prepare to the point you are
report will be scrutinized and picked apart. A over-prepared.
decision may be made whether or not to file
charges against you based upon the contents of
your report. Now is not the time to cut corners.
(For more on this topic, see
http://www.policeone.com/police-products/less-
lethal/TASER/articles/1834524-A-proper-use-of- About the Author
force-report-protection-against-liability/ ) Chuck Joyner, a recognized expert in the use
of force, lectures throughout the United
5. Get help early. States and internationally on myriad law
Talk to someone in your department you know enforcement topics. Mr. Joyner holds
to be an expert on use of force and report several FBI instructor certifications in force-
writing. Ask for their help and guidance. related training, has earned black belts in
Contact your union and union attorney. four martial arts, and was awarded master
rank in two styles. He was inducted into the
6. Work well with your attorney. Martial Arts Hall of Fame as instructor of the
Listen carefully to your attorney and follow year in 2006. Mr. Joyner was employed by
his/her guidance. Your attorney can only help the CIA from 1983 to 1987 and has worked
you if you’re completely honest. Let your as a Special Agent with the FBI since 1987.
attorney know everything that may be used
Nov/Dec. 2014 www.texaspoliceassociation.com • 866-997-8282 21
