-- - ----- - --
. . "l"-M' ll"M•- • ·-~ .... ~ ... ""'4 , • ~ : ••
~ - • ~ ~- ~- ; ·. -✓ • ..:. ~
COUNTY OF LOS ANGELES
I I SHERIFF ·s DEPARTMENT
.. . .. , ;c . - · ;~ : :.·: c;c:, I ,, /· OHICE COOOES?ONOENCE
------- , I ~I / //
OATE
FILE NO .
April ~. 1986
FROM: ROB~Rt~il'BELL, CHIEF
Fl ELD OPERA TlONS REGION II
TO: RICHARD L. FORE ,\1.AN, CHIE :=­AD~
11NIS TRATlVE DIV!S10[';
SUBJEC7 : .\1AHER \1E\1CRANDUM REGARDING USE OF FORCE
This memorandum contains a statement by statement rebuttal of LJeutenant
~1aher's memorandum. Please have Gary DaJgh review the contents for
completeness.
DEPARTMENTAL POLICIES
It is not possible to determine if the actions of the deputies violates any
departmental policies. Based on a review of departmental policie~ it is
my opinion that our current policies are insufficient to adequately direct
deputies in the use of force and to prevent serious injury or death.
Resoonse
Policy 1s not generally written to· specif icaJly cover every poss1ble
circumstance that could aris_e. Department policy 1n its generic sense 1s
established by written policy, training curriculum. and recurrent training.
Off1c1a1 academy training contributes to establishing the Sheriff's
Deoartment ' s policy 1n the use of force. Considering these aspects of
policy making, there 1s more than adequate d1rect1on for the deputies to
fo!Jow.
There is no policy at the departmentaJ or divisionaJ level prohibiting a
deputy from deliberately striking a suspect in the head with a flashlight,
gun, baton, or sap at any time and under any circumstances.
Response
During the initial deputy (cadet) training, the instructor places ma1or
emphasis on the negative aspects of deliberately striking a suspect in the
head. It 1s pointed out that many times a biow to the head only incites
the suspect and the blow could possibly be lethal.
This training and emphasis on the vulnerability of the head and neck area
are repeated during advanced training, instructor training and recurrent
training.
The written lecture plan u~ed by instructors includes several areas dedicated
solely to the sens1t1vity and ltability of spec i fic parts of the body, including
tne head.
,.1.dd1t1onal!y. there 1s a ge"'eral statement addressing the use of force 1n
the \tanual of Pol1c~ and Procedures. Our current pol i cy 1s legall~ sound.
appropriate l y d1scret1onarv and comprehensive. .. t, , · I',,.-. f) · EX . NO. _ ·':'_..r--_ _
DATE . a- ·~~ . WIT. c,~ C \ ·"'
:.L CAROl!'-JAL. N.P.
- 2 -
Division Order 13 indicates that personnel shaJI use departmentally approv~
control techniques, but these techniques are not listed in any source
generally available to deputies and supervisors. Thu5y penonnel do not
know what they can use and managers have no way of knowing if a control
technique is approved or not.
Departmentally approved control techniques change periodica!ly. As alternative
mett,odc; are introduced. they are evaluated, mod1f ied if necessary and
implemented. The Department 1s constantly striving to provide deputies
w I th up-to-date self-defense and control techniques.
Due t o the dynamics of self-defense and control techniques. the Department
has issued general guidelines and policies that deputies are to work w1thm.
Speclf ic control techniques are taught during the training program and
updated during Patrol School and mandated recurrent training. Modif1cat1on
of ex 1sting tec~niques and the introduction of new techniques are accompl 1shed
through the follow1ng methods:
( l) Rev 1se lecture pi ans for training.
(2) Briefing training lieutenants at the quarterly training lieutenants
meeting.
(3) Bi-monthly training sergeants meeting.
(l.) Video briefing training tapes which both explain and demonstrate
new training.
The briefings and briefing tapes not only provide adequate training for the
deputies but also expose managers and supervisors to current departmentallv
approved control techniques.
TRAINING
Both deputies have received their quarterly training in use of force procedures
as requried by ~taJ policy. However, as indicated above, the existing
policies are not adequate in dealing with this ~ of situation and are silent
on the ~ opriate and inappropriate use of the baton and similar weapons
(sap, flashlight. etc.).
Response
Division Order 6 adequately addreues the training in the appropriate use
of the PR-24 baton. Thffe is also a lec:ture plan in the use of the sap and
flashlight which was r~vised in J~ 1914 to refJ~t the Sheriff's Department's
current policy.
-.
. I
em· ·xC11m1r -, .,.._, ,qr • - · ··-. - .. ...... ,.._.. ~ . __ ..,.,,, •. .ax.:
- 3 -
The training concerning head blows and strikes to other vitaJ organs with
defensive weapons provided by the Training Bureau is of questionable
sufficiency. The Training Bureau provides a lesson pJan that dearly
identifies a number of points on the body (including the head) in which a
blow with a baton or similar object can cause death or serious injury, yet the
lesson plan does not provide any policy or information concerning when or
if such blows are permitted. We are told that instructors teH students to
avoid blows to these areas, but we do not have an official policy on or
training material outlining that policy.
The specificity suggested regarding a Department policy proh1b1ting the
striking of i1 head blow is prov1nc1ai. Such spec1f1c1ty wouid :,e unculy
restrictive and unrealistic. Our current policies regarding the appl1cat1on
of force are legally sound, appropr 1a tel y discretionary and require manage­ment
review.
Departmental training involving the use of the baton at the station level is
limited to practice swinging at the dummy. There is no reguJar recurrent
training in its use as a restraint method. Indeed, in the past 7 years, I cannot
recaJI a single situation in which any deputy has use-d a baton in any manner
other than as a striking weapon.
Response
This statement is completely inaccurate. D1v1s1on Order 6 mandates c. hours
of annual refresher training for each departmental member carrv,ng a
PR-24 baton. D1v1s1on Order 6 was revised January I, 1985 to reflect the
mandated training.
CONCLUSIONS
The deputies used their batons to deliberately strike combative, but unarmed
persons in the head with their batons. However, departmentaJ policies and
training are inadequate and the deputies cannot be held accountable for
their actions considering the f aiJure of the department to remedy this vacuum.
It wouJd appear that departmentally there is a need for poHcies and
procedures relating to the use of force to be rewritten in a more comprehensive
manner.
Respon~
As previously stated, there is existing Department policy that adequately
addresses the use of force. There are standing committees, such as the
Defensive Tactics Committee that review and evaluate observed weaknesses
or defic1enc1es ,n our current training and policy, and make appropriate
changes.
-.
- 4 -
Greater direction to deputies and managers is critical to proper
management of force. The Department must immediately issue a
policy prohibiting the intentionaJ striking of suspects in the head and other
vital areas with a baton, flashlight, or sap unless deadly force is
justified by the circumstances. The Department must aJso identify and
publish approved restraint holds.
Response
As previously mentioned, a policy statement prohibiting the striking of
a head blow would be unduly restrictive and unrealistic. Our current
policies regarding the application of force are legally sound, appropriately
discretionary and comprehensive as to factual reporting and required
supervisory and manager iaJ rev 1ew.
In addition, trammg must be improved. All personnel should receive
regular training in ~ use- of weaponiess defense tactics and in the
use of the baton as a restraining and controi device, as weJJ as the use
as a striking weapon.
Response
Annual recurrent trammg in the use of the PR-24 baton Is currently
mandated by Division Order 6. Even though there is existing weaponless
defense tra1n1ng available, the Defensive Tactics Comrr 1ttee is
currently revising the weaponless defense training and evaluating it
for implementation Department-wide.
If you or your staff require any further information, pJease do not hes1 ta te
to call.
RDC:JB:gt