CRITICAL ISSUES IN POLICING SERIES: Strategies for Resolving Conflict and Minimizing Use of Force Edited by Joshua A. Ederheimer April 2007 This publication was supported by Motorola, Incorporated. The points of view expressed herein are the authors’ and do not necessarily represent the opinions of Motorola, Inc., or individual Police Executive Research Forum (PERF) members. Websites and sources listed provide useful information at the time of this writing, but authors do not endorse any information of the sponsor organization or other information on the websites. Police Executive Research Forum, Washington, D.C. 20036 Copyright 2007 by Police Executive Research Forum All rights reserved Printed in the United States of America ISBN: 1-878734-96-2 Library of Congress Number: 2006902459 Cover and interior design by Dave Williams. Cover photograph courtesy of Fat Chance Productions/CORBIS. Photograph before acknowledgment and photographs on pages 12, 46, and 70 courtesy of Jupiterimages. Photograph on page 98 courtesy of Frances Twitty/ istockphoto. Contents Foreword . i CHAPTER FOUR By Chuck Wexler Less-Lethal Weaponry and Less-Lethal Executive Director, Police Executive Research Forum Acknowledgments. iii Force Decision-Making . 71 By Joshua Ederheimer By Steve Ijames and Joshua Ederheimer COMMENTARY High-Risk Entries and Less-Lethal Weapons CHAPTER ONE By David A. Klinger . 76 Introduction . 1 COMMENTARY By Joshua Ederheimer and Will Johnson A Force Accountability Model of Integrity: A Systems COMMENTARY Perspective By Will Johnson and Bryce Kolpack . 80 Creating Community Relationships That Will Survive ARTICLE Controversial Uses of Force By Darrel W. Stephens . 4 Implementing Less-Lethal Technology: A Chief’s ARTICLE Perspective By Jessica Toliver and Joshua Ederheimer. 90 Chief Constable Sir Hugh Orde: Managing Conflict— COMMENTARY The Northern Ireland Experience By Jessica Toliver . 9 Policing Us More Gently: An Australian Case Study on the Police Use of Force By Christine Nixon and David Bradley. 93 CHAPTER TWO Building Community Trust CHAPTER FIVE Around Issues of Force . 13 Conducted Energy Devices: By Lorie A. Fridell PERF’s National Studies and COMMENTARY Building Community Trust—A Major Thoroughfare Guidelines for Consideration . 99 By Annie Russell . 16 By Will Johnson, Mark Warren, ARTICLE Joshua Ederheimer, and Lorie A. Fridell Building Community Trust By Jessica Toliver and COMMENTARY Joshua Ederheimer . 22 Accelerated Triage for Medical Evaluations Following ARTICLE CED Activations By Dr. Gary M. Vilke, Dr. Christian Managing the High Profile Use-of-Force Incident M. Sloane, and Dr. Theodore C. Chan . 108 By Jessica Toliver and Joshua Ederheimer . 30 The Development of PERF CED Guidelines for COMMENTARY Consideration and CED Glossary of Terms. 121 Building the Public Trust: Leadership, Transparency COMMENTARY and Accountability By Christine Silverberg . 36 The Health Insurance Portability and Accountability Act (HIPAA) in a Use-of-Force Context By Daniel Dugan . 122 CHAPTER THREE PERF CED Guidelines for Consideration . 124 Police Use of Force and PERF CED Glossary of Terms . 128 People with Mental Illness . 47 By Melissa Reuland Book Conclusion . 133 STATEMENT By Joshua Ederheimer Statement of Michael J. Fitzpatrick, Executive Director, National Alliance on Mental Illness, December 8, 2005— Appendices . 135 Miami Shooting of Man with Bipolar Disorder . 54 References . 165 ARTICLE About the Editor/Authors/Contributors . 172 Initiating Specialized Police Approaches to People About the Police Executive Research Forum. 177 Who Are Mentally Ill By Melissa Reuland. 56 About the PERF Center on Force and Accountability (CFA). 179 ARTICLE About Motorola . 180 Should the Police Approach to People with Mental Illness Be Generalist or Specialist? By Melissa Reuland. 58 ARTICLE Police Training for Interaction with People with Mental Illness By Melissa Reuland . 62 Foreword t’s not likely that the challenges and conse- with people with mental illness, emphasizing Iquences of police use of force will ever be completely specialized approaches and promising training; resolved. Police executives are constantly striving to Examining less-lethal technology—both cur- discover new strategies, tactics, and weapons to safely n rently available and future devices—as well as conclude a violent encounter. For law enforcement discussing how technology relates to less-lethal agencies dealing with the challenges inherent in force decision-making; and police use-of-force incidents, this book provides valuable perspectives and vital assistance. n Presenting a glossary of terms on conducted This book is the fourth in the ongoing Criti- energy devices and proposed national guidelines cal Issues in Policing series supported by Motorola. for their use. The first book, Exploring the Challenges of Police Use of Force, provided guidance to police executives on Collaboration is a theme that recurs consis- how to ensure that force is used only when justified, tently throughout these pages. Especially in prevent- and provided examples of mechanisms for dealing ing and resolving use-of-force incidents, police with unjustified incidents when they occur. The agencies need to partner with other professions and second book, Police Management of Mass Demon- agencies, to bring the right mix of professional acu- strations, highlighted a number of issues and pro- men to potentially violent incidents. Consider, for vided guidance for police executives on how to example, what happens when a police officer con- effectively manage resources and interact with var- fronts an agitated man or woman with mental ill- ious constituencies while dealing with large num- ness, and it is clear that the agitation may spiral bers of demonstrators. The third book, A Gathering upward into violence. Police are called on to Storm—Violent Crime in America, provided infor- respond to high volumes of these calls, and each one mation about the rise in violent crime in the United can take a long time to resolve. But there has been States between 2004 and 2005 and the first six productive work on this issue. Agencies are develop- months of 2006 and captured the perspective of law ing promising strategies. In one strategy, a team enforcement leaders on this increase. These books composed of a law enforcement officer and a men- have been widely used throughout the country as a tal health professional arrive on the scene together resource for police executives. In a number of juris- when a person with mental illness is causing a dis- dictions, the books are used for promotional exams turbance. They collaborate to gain control of the and police leadership programs. This fourth book individual and also to provide crisis intervention builds on the success of the previous books, and and referrals to mental health facilities. focuses on: There has been a steady rollout of new prod- ucts that give police officers more options— Building community trust around issues of force, n and thus more flexibility—in responding to poten- including the management of high-profile incidents; tially violent individuals. On the horizon, beyond n Managing police use of force while interacting familiar tools like conducted energy devices, are Foreword — i innovations using technologies that include laser- and best less-lethal weaponry, they still need to be lights, acoustic devices, and malodorants. aware of the latest information available to help It would be easy, amid all the excitement them make sound decisions in force situations. about new less-lethal weapons, to lose sight of the So, while use of force doubtless will be a com- principal objectives of the use of force. It is not the plex issue for many decades to come, this book will tool used that matters, after all—it is the desired share with you some of the latest thinking in this area outcome and how to best plan for it. The principal and will provide examples of promising practices. objectives regarding any potential use of force are to Importantly, the book will encourage you to review ensure the safety of citizens and officers, as well as your own efforts in scrutinizing your policies, prac- to prevent self-destructive behavior. Police officers tices, tactics, and weapon alternatives. It is our hope have learned how to do both these things by, for that this book will help law enforcement profession- instance, keeping a safe distance and talking the als and other stakeholders learn from the experi- subject into surrendering. But there are many situ- ences, approaches, and research of others, and ations where these kinds of practices just are not advance the debate on police use of force. adequate. Even if the officers are carrying the latest Executive Director Police Executive Research Forum Washington, D.C. ii — Foreword Acknowledgments n behalf of PERF’s staff and members, I Police Department; Lieutenant Will Johnson, Owould like to thank the many people who have Arlington (TX) Police Department; Melissa Reu- worked hard in the creation of this book. It has land, former PERF Senior Associate; and Major been a collaborative effort, and the insight and Mark Warren, Baltimore County (MD) Police expertise offered by those involved will certainly Department. contribute to the collective wisdom of our profes- Special thanks to Sheriff Ken Jenne of the sion. As I worked on this project for more than a Broward County Sheriff’s Office for giving PERF year, I was continuously amazed—and grateful— permission to discuss their Force Accountability that the