Charles T. Thibodeau & Associates
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Alternatives to Use of Force and Appropriate Uses of Force (Both PD and PA):
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USE OF FORCE ALTERNATIVES
SYLLABUS
CTTA305& CTTA306
(6 Hours Of Stand-Alone Seminars)
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COURSE RATIONALE
This course is intended to provide a comprehensive training experience for all private detective practitioners, public law enforcement officers who work as full-time or part-time private detectives, instructors of private detectives and for anyone who seeks employment, careers or promotion in the private detective field. At the same time, this curriculum is specifically designed to satisfy mandatory training requirements of Minnesota Statute, Chapter 326 and Rule 7506.
GENERAL OBJECTIVES
1. Use of Force Training: The main focus of this seminar is to provide instruction in use of force laws and standard practices of use of force in the industry. This training is specifically focused on use of force involving applications of force that are reasonable and necessary and for purposes of self-defense, defense of others or incident to arrest.
This course is not designed to provide tactical hands-on practice in the use of any specific weapon, PPCT tactic, or self-defense tactic. It is focused on the cognitive realm of training involving topics that explain "reasonable and necessary" use-of-force standards.
2. Alternatives To Use of Force: The main purpose of this seminar is to provide direction and guidance for those who are required to use alternatives to use of force either by the lack of access to weapons or because the totality of the circumstances forbid use of any force. This course is specifically identified in Rule 7506 as mandatory for anyone who is expected to be armed as a part of their job description. Being armed includes having both lethal and less-than-lethal weapons available for use on the job.
3. Cost Effectiveness: Although these two seminars, Use of Force, CTTA305 and Use of Force Alternatives, CTTA306, are stand-alone seminars, the combining of these two 3 hour seminars will satisfy the 6 hour training requirement for continuing education. At the same time, the seminar Alternatives To Use of Force, CTTA306, will satisfy the training requirement Rule 7506.2300 C for armed agents.
4. Private Sector Perspective: This course also focuses on a private sector perspective. In as much as most weapons training is done by public law enforcement trainers, from a public law enforcement perspective, these seminars provide the added benefit of a private sector slant imbedded in the training. This type of course taught from a private sector perspective will be extremely beneficial to the private sector practitioner and the public sector practitioner as well.
5. P.O.S.T. Credits/A Better Peace Officer: This course is also designed for public law enforcement license holders. It will cover areas of law that the average peace officer may not completely understand, especially civil law topics, case law and the administrative and criminal laws that specifically affect the private sector. The peace officer will gain a better understanding of how their “color of law” status provides a different playing field for public law enforcement and how important it is for each discipline to respect the part played by the other.
The peace officer will gain increased knowledge in terms of obtaining suspect compliance, self control, remaining flexible when giving options, officer safety, private sector limits, jurisdictions of operation and finding alternatives to use of force. It will explain how peace officer actions have become liability generators in the past and how they turned a good arrest into a losing law suit. This course will sensitize the peace officer to the proposition that “if they are using force incident to arrest too often, that they might be doing something wrong.”
METHODOLOGIES
This course will be taught by utilization of an appropriate selection of the following tools, tailored specifically to facilitate the delivery of the subject matter being taught:
Lectures, Demonstrations, Illustrations, Class Discussions, Readings, Tutorial Exams, Videotape, Audio Tape, Computer Projection, Transparency Projection and Interactive Computer Programs.
COURSE CONTENT GOALS
The student will be exposed to the following list of topics that will be addressed in above described seminars:
Seminar One
I. OVERVIEW This course is intended to provide a comprehensive training experience for all private detective practitioners, public law enforcement officers who work as full-time or part-time private detectives, instructors of private detectives and for anyone who seeks employment, careers or promotion in the private detective field. At the same time, this curriculum is specifically designed to satisfy mandatory training requirements of Minnesota Statute, Chapter 326 and Rule 7506.
GENERAL OBJECTIVES
1. Use of Force Training: The main focus of this seminar is to provide instruction in use of force laws and standard practices of use of force in the industry. This training is specifically focused on use of force involving applications of force that are reasonable and necessary and for purposes of self-defense, defense of others or incident to arrest.
This course is not designed to provide tactical hands-on practice in the use of any specific weapon, PPCT tactic, or self-defense tactic. It is focused on the cognitive realm of training involving topics that explain "reasonable and necessary" use-of-force standards.
2. Alternatives To Use of Force: The main purpose of this seminar is to provide direction and guidance for those who are required to use alternatives to use of force either by the lack of access to weapons or because the totality of the circumstances forbid use of any force. This course is specifically identified in Rule 7506 as mandatory for anyone who is expected to be armed as a part of their job description. Being armed includes having both lethal and less-than-lethal weapons available for use on the job.
3. Cost Effectiveness: Although these two seminars, Use of Force, CTTA305 and Use of Force Alternatives, CTTA306, are stand-alone seminars, the combining of these two 3 hour seminars will satisfy the 6 hour training requirement for continuing education. At the same time, the seminar Alternatives To Use of Force, CTTA306, will satisfy the training requirement Rule 7506.2300 C for armed agents.
4. Private Sector Perspective: This course also focuses on a private sector perspective. In as much as most weapons training is done by public law enforcement trainers, from a public law enforcement perspective, these seminars provide the added benefit of a private sector slant imbedded in the training. This type of course taught from a private sector perspective will be extremely beneficial to the private sector practitioner and the public sector practitioner as well.
5. P.O.S.T. Credits/A Better Peace Officer: This course is also designed for public law enforcement license holders. It will cover areas of law that the average peace officer may not completely understand, especially civil law topics, case law and the administrative and criminal laws that specifically affect the private sector. The peace officer will gain a better understanding of how their “color of law” status provides a different playing field for public law enforcement and how important it is for each discipline to respect the part played by the other.
The peace officer will gain increased knowledge in terms of obtaining suspect compliance, self control, remaining flexible when giving options, officer safety, private sector limits, jurisdictions of operation and finding alternatives to use of force. It will explain how peace officer actions have become liability generators in the past and how they turned a good arrest into a losing law suit. This course will sensitize the peace officer to the proposition that “if they are using force incident to arrest too often, that they might be doing something wrong.”
METHODOLOGIES
This course will be taught by utilization of an appropriate selection of the following tools, tailored specifically to facilitate the delivery of the subject matter being taught:
Lectures, Demonstrations, Illustrations, Class Discussions, Readings, Tutorial Exams, Videotape, Audio Tape, Computer Projection, Transparency Projection and Interactive Computer Programs.
COURSE CONTENT GOALS
The student will be exposed to the following list of topics that will be addressed in above described seminars:
Seminar One
(3 Hours)
USE OF FORCE
CTTA305
1. Examine the definition of use of force
2. Examine the philosophy of use of force
3. Examine the psychology of use of force
4. Examine the medical security and retail security exceptions
5. Describe the profile of who to use force on
6. Discuss the concept of “Defanging the Snake”
7. Discern between body strike locations & forbidden strike locations
8. Review the “Escalation De-escalation Continuum”
9. Review and discuss numerous incident histories
II. LEGAL ASPECTS OF USE OF FORCE
1. Examine Use of Force Laws and Arrest Laws
2. Examine case law – The guiding light
3. Define the objective standard (“reasonable & prudent person” test)
4. Define the subjective standard (“but-for” test)
5. Examine expectations of the State Licensing Board
6. Examine expectations of the Chief’s of Police regarding weapons
7. Examine guidelines and limits based on the “totality of circumstances”
8. Examine and discuss use of force in a medical setting
9. Examine and Discuss medical holds
10. Discuss flexibility and judicial self-examination
11. Review negligence & intentional torts
12. Discus the need for adequate training, supervision and hiring practices
13. Discuss the need for providing fair warning
14. Examine the duty to retreat
15. Examine non-delegable duties
16. Examine and discuss, self-defense, defense of others, necessity during arrest
17. Identify defenses that fail – malice, revenge, passion, anger, mistake, accident
18. Examine duty to provide medical assistance
III. DEFENSIVE TACTICS - CONSIDERATIONS & CHOICES
1. Examine pre-attack behavioral signs and kinesics
2. Examine resistance – levels, words and actions
3. Examine weighing and deciding based on subject factors
4. Discuss soft empty hand control techniques
5. Discuss heavy empty hand control techniques
6. Discuss the use of PPCT and when not to use it
7. Discuss the carotid artery control technique
8. Determine lethal from non-lethal and less-than-lethal weapons
9. Consider weapon retention & officer safety issues
10. Examine and discuss the baton, ASP & others
11. Evaluate ground fighting & martial arts
12. Examine and discuss the chemical incapacitation device
13. Examine and discuss the use of handcuffs
14. Examine and discuss the electronic incapacitation devices
15. Examine and discuss handguns
16. Examine and discuss shotguns, riffles
17. Examine and discuss disguised weapons
18. Examine and discuss weapons of opportunity
19. Examine and discuss shields of opportunity
20. Examine and discuss knives & other edged weapons
21. Examine and discuss weapon retention
IV. REPORT WRITING AFTER A USE OF FORCE
1. Identifying need for specificity – time, location, totality of circumstance
2. Identify need for identifying all witnesses – name, d.o.b., phone, address
3. Examine the need for emphasis on justifying use of force
4. Examine the importance of reasonable and necessary
5. Examine the importance of the totality of the circumstances
6. Examine the importance of state of mind and beliefs
Seminar
Two
(3 Hours)
USE OF FORCE ALTERNATIVES
CTTA306
I. OVERVIEW
1. Define Use of Force Alternatives
2. Review the philosophy of security
3. Review the psychology of security
4. Examine use of force incident histories
5. Examine the use of low lethality defensive weapons as alternatives
6. Review the “Escalation De-escalation Continuum”
7. Examine use of force involving, irate, agitated, hostile, and rage filled subjects,
8. How the caregiver becomes the aggressor – violating personal space
9. Examine officer safety with respect to use of force alternatives
10. Review tactical retreat privilege and retreat duties
11. Consider the need for flexibility in all tactics
12. Examine and discuss the “many-hands-make-light-work” tactic
10. Examine and discuss soft empty hand tactics
11. Examine and discuss soft restraints
II. LEGAL ASPECTS OF USE OF FORCE ALTERNATIVES
1. Review Sect.344, Restatement of Law, Torts, 2nd
2. Review the elements that must be present to have an assault
3. Review the elements of negligence and intentional torts
4. Notice how alternatives to the use of force reduces the number of law suits
5. Examine “failing to act” as a liability generator
6. Comparisons of alternatives to use-of-force tactics
7. View and discuss videotaped use-of-force situations
8. Examine permissible use-of-force limits
III. COMMUNICATIONS - A USE OF FORCE ALTERNATIVE
1. Examine conflict resolution options
2. Consider threat avoidance options
3. Identify threat mitigation techniques
4. Discuss general alternatives to use of force
5. Examine verbal judo
IV. ATTITUDE - A USE OF FORCE ALTERNATIVE
1. Examine and discuss the effect of attitude on use of force
2. Examine the “ya-gotta-wanna” attitude
3. Examine and discuss the attitude of complacency
4. Examine and discuss the attitude of superiority
5. Examine and discuss the danger of authority and power
6. Examine and discuss the danger of a punitive attitude
7. Examine and discuss how to maintain control during hostile incidence
8. Examine and discuss how to maintain cool under pressure
9. Examine and discuss the police “wanna-be” attitude
10. Examine and discuss the attitude of “what to hell, who cares.”
V. REPORT WRITING AFTER A FAILURE TO USE FORCE
1. Examine the need for specificity – time, location, totality of circumstance
2. Examine the need for identifying all witnesses – name, d.o.b., phone, address
3. Examine the need for emphasis on justifying your failure to use force
4. Examine the importance of the defenses of “reasonable and necessary”
5. Examine the importance of the totality of the circumstances
6. Examine the importance of state of mind and beliefs