WEEK 4 REVIEW

Officer Safety
EPO #1 – LIST 10 FATAL ERRORS
 Three fundamental errors in judgment:
o Fail to anticipate danger
o Fail to follow plan of action
o Fail to use proper tactics
o 10 fatal errors.
1. Failure to maintain proficiency with weapons.
o Know how to use equipment / status / maintenance
o Ensure equipment is functional
o Know limitations
o Practice with different size assailants
o Practice OC, ESB, handcuffs
o Proficiency = safety
2. Improper search and use of handcuffs
o Cuff FIRST, Search SECOND
3. Asleep or sleepy on duty
o If you nod off, go for walk, revive yourself however you can
4. Missing danger signs
o Keep senses keen even during placid times
o Notice things that are out of place
o Recognize body language
o Avoid distractions, BE ALERT
5. Taking a bad position
o Pay attention to basics
o Maintain reactionary distance
o Avoid approaches that place you at disadvantage for ambush
6. Failure to watch a suspect’s hands
o Hands kill
o If you can’t see suspect hands, satisfy yourself there is no threat
7. Relaxing too soon
o Always be prepared for resistance
o Do not let guard down
8. Tombstone Courage
o Call for back up sooner rather than later
o Use “contact cover”
9. Pre-occupation
o Personal life is not relevant during duty
10. Apathy or complacency
o 70% fatal confrontations occur during routine patrol
o 5th year most dangerous is most deadly
o COMPLACENCY KILLS, it is not stupidity

EPO #2 – List Three Components of survival triangle

 Physical Conditioning: Average Police Officer can only exert maximum effort for 20 to 45 seconds after that strength
drops by as much as 50%
 Tactical Conditioning: Train to develop muscle memory and reflex you can fall back on during a crisis. Training,
Commitment and Discipline = winning a confrontation

 Mental Conditioning: Don’t be complacent, increase knowledge, know your surroundings, don’t be distracted by
personal life. Learn from mistakes, play “what if.”

EPO #3 – Identify the “Awareness spectrum colors”

o White: state of environmental unawareness. Oblivious to surrounding activity due to daydreaming. Avoid white
very high possibility of injury. State of emotional unawareness: You become oblivious to what is going on around you
because you are preoccupied with distractions, tired, daydreaming, or assuming there is no possibility for trouble and thus,
no cause for alarm. Avoid operating in WHITE spectrum.
 WEEK 4 REVIEW
o Yellow: Relaxed but alert. Cautious but not tense. Maintain observation of people and surroundings, constantly
perceiving and evaluating your surroundings; can maintain indefinitely ideal condition for police officer.
o Orange: State of Alarm!!! You know there is trouble. There is trouble concentrating on evaluating it and
resolving it further.
o Call for backup.
o Cover/ Concealment
o ID Suspect
o Red: What looks wrong is wrong! Immediate reaction required. Can maintain for a limited amount of time. Act
to control with:
o Verbal Commands
o Soft/Hard hand controls
o Intermediate weapons
o Firearm

o Black: Panic. “Blacked out” may have misdirected frenzy or paralysis, may back away, turn and run in
desperation, fall to ground in defeat.

EPO #4 – ID Components of “Triad of tactical thinking” (Threat Assessment)

 Problem Areas: A problem area is a subject, vehicle, or building that may become a hazard to you or another
person.
 Areas of Responsibility: An area of responsibility is anything that may become a hazard. Ex: The head, arms, and
legs of a subject.
 Focus Points: A focus point is a clear and present danger, such as a weapon or an animal that requires immediate
action.
*Note* Remember that one of the overriding characteristics of emotionally disturbed persons (EDP's) is their
unpredictability. They can change in the blink of an eye from appearing friendly and cooperative to being lethally violent.
Don't expect a current contact with any subject to reflect non-violent contacts you may have had in the past.

EPO #5 – Define “Survival Reaction Time” and Four Stages

 “The amount of time it takes to perceive a threat and react physically to counter that threat."
 The average officer will react to a threat in 2.0 seconds. With proper training and practical exercises, this time can
be cut down to 0.5 seconds.
 4 Stages of reaction time: (OODA LOOP)
o Perception: perception of what is happening
o Analyze/Evaluate: the time to analyze/evaluate what is threatening
o Formulate strategies: formalizing a course of action
o Initiating a physical action

EPO #6 – List 3 Reactionary Stances and the Reactionary Gap

 Open Stance: 15-20 Feet. Feet shoulder-width apart and facing the subject. hands in a persuasive manner. This
stance is used for confronting a subject armed with a bludgeon-type weapon or a knife. feet shoulder-width apart and
facing the subject.
 Ready Stance: 5-10 Feet. Feet shoulder-width apart and your body bladed at a 45-degree angle towards the
subject. Hands at chest nonaggressive manner. Good chance to step away from most aggressive moves.
 Defensive Stance: 3-5 Feet. Feet shoulder-width apart and your body bladed at a 45-degree angle towards the
subject. Your hands should be held at your shoulder level protecting your face with open hands. This will allow you
to react and apply controlling techniques to the subject.
Reactionary Gap: Distance between you and subject, will be dictated by what is taking place or what is assessed as a
possible change in attitude.

EPO #7 – Identify Relative Positioning

0. “Fatal Funnel” Directly Infront of subject lowest level of Safety
1. Angled 45 from right or left shoulder facing subject “Primary Officer Position”
2. Directly on the Side from right or left shoulder “Secondary or Cover Officer.”
2 1/2. Angled from behind right or left shoulder. It is used for escorting compliant and non-compliant subjects.
3. Directly behind subject “Ambush” position. It is used by officers to take subjects down to the ground or into
other control holds.
 WEEK 4 REVIEW

Use Of Force
EPO 1: TYPES OF FORCE RECOGNIZED BY THE COURTS AND WHEN IT CAN BE USED
 Two broad standards to measure justification for use of force:
o First: was the officer’s use of control methods initiated by the subject’s resistance, and
o Second: was the level of physical force used by the officer necessary and not excessive when considering the
type of resistance offered by the subject.

 Officers may use force only when no reasonably effective, safe, and feasible alternative appears to exist and may use
only the level of force that a reasonable officer on the scene would use under the same or similar circumstances.
 Types of Force Recognized by the Courts
o Non-Lethal: (non-deadly) Not likely to cause serious physical injury or death
o Lethal: (deadly) Likely to cause serious physical injury or death
o Excessive: Force beyond which a reasonable and prudent officer would use under circumstances (criminal act by
officer)

 Graham v. Connor 490 U.S. 386 (1989):

o Landmark Supreme Court case est. the standard of “objective reasonableness”
Three- prong test.
o Three Factors are:
 The severity of the crime at issue,
 Whether the suspect poses an immediate threat to the safety of the officers or others
 Whether suspect is actively resisting arrest or attempting to evade arrest by flight
 Excessive force may be the result of:
o An accident – meaning to strike upper arm with ESB, suspect ducks and takes hit to head, intent is key
o An honest mistake – Shoplifter with basic descriptors, stop wrong person based on PC, go hands on and cuff,
suspect sustains injuries
o Misconduct – No grey area, clearly defined that one cannot deliberately falsify reports, evidence, etc. to justify
UOF

 Officers may use force to: (PASS)

o Protect oneself or another from injury or death.
o Affect a lawful arrest when the subject offers resistance.
o Stop potentially dangerous and unlawful behavior.
 WEEK 4 REVIEW
o Stop the subject from self-inflicted injury.

EPO 2: IDENTIFY AND EXPLAIN THE FORCE CONTINUUM AND THE ELEMENTS OF JEOPARDY.
 Force models explain proper response to subjects’ actions
 Force models provide guidance on proper UoF documentation
 Force models provide feasible means of UoF evaluation

 Using Force Models, courts examine use of force from the perspective of:
o Resistance levels
o Control / force used to influence or neutralize actions
o Injury of subject proportional to method of control used

 Force Continuum Levels of Resistance: Subject to Officer

o Psychological Intimidation: (Non-Verbal) Clenching of fists, widening of foot stance, blank expression.
o Resistive Dialogue: (Verbal) Threat of physical resistance (I’m not going anywhere)
o Passive Physical Resistance: (Dead Weight) Lowest level of physical resistance
o Defensive Physical Resistance: Physically resists attempts of control through defensive actions i.e., pushing or
pulling away, no attempts to strike the officer.
o Active Physical Aggression: (Swinging) Physically attacks the officer in attempts to defeat control. May result in
injury to officer or other people.
o Aggravated Active Physical Aggression: (Trying to Kill) sufficient level of force to justify deadly force. Using
weapon/object to cause death/serious injury to officer/others.

 Force Continuum Levels of Control: Officer to Subject

o Officer Presence and Verbal Direction: Effective communication techniques and de-escalation can prevent
confrontations from escalating to higher levels of resistance. Often mere presence can influence compliance
o Empty Hand Control: Physical contact techniques that cover a number of subject control methods, may be
subtle as guiding movement to strikes
 Soft Empty Hand Control: Minimal or non-existent possibility of injury, generally used to control passive
physical resistance.
 Hard Empty Hand Control: Applied when lower forms of control have failed, or when not applicable.
o Probability of creating:
 Soft or connective tissue damage
 Skin lacerations
 Bone fractures that require medical attention.

NO CHOKEHOLD / CAROTID RESTRAINTS UNLESS NECESSITY FOR USE OF

__________________DEADLY FORCE IS SATISFIED______________________

o Intermediate Weapon Control: Chemical Irritant Projector (CIP) or expandable straight baton (ESB)
 May provide a way of controlling subjects when deadly force is not justified, and empty hand control
techniques are not sufficient. When used, is likely to have skin irritation, bruising, or soft or connective
tissue damage to occur.
o Deadly Force: The force which is likely to cause death or serious physical injury.
 May only be used when the officer has a reasonable belief that the subject poses an imminent danger of
death or serious bodily harm to the officer or another person.
o Elements of Jeopardy (Deadly Force Triangle):
 Intent – the intent of the subject to cause harm
 Opportunity – opportunity to carry out harmful act
 Means/Capability – Means to cause harm available

EPO 3 : IDENTIFY AND EXPLAIN OFFICER/SUBJECT FACTORS AND SPECIAL CIRCUMSTANCES

THAT MAY IMPACT THE USE OF FORCE DECISIONS.

 Use of Force does not occur in a vacuum, factors to consider:

 Relative Officer / Subject Factors: Age, Gender, Size, Physical capabilities number of Subjects/Officers, relative
strength.
 WEEK 4 REVIEW
 Special Circumstances: Distance from subject, subject has weapon, officer is injured, Officers position compared to
subject, Officers weapon taken away.

EPO 4 : DEFINE AND EXPLAIN VA POLICY ON DEADLY FORCE AND THE USE OF FORCE
NOTIFICATION REQUIREMENTS.
 The touchstone of the VA policy on the use of deadly force is necessity. Necessity to use deadly force arises when
all other available means of preventing imminent and grave danger to officers or other persons have failed or would
likely fail.
 Should never be used upon mere suspicion that a crime, no matter how serious, was committed.
 No warning shots, only shoot animals if benefit outweighs risk to the public, don’t shoot fleeing subject unless poses
significant risk of death or injury to the public.
 No shots at moving vehicles or to disable vehicles unless threats by means other than the vehicle OR operated in a
manner that threatens to cause injury or death and NO OTHER OBJECTIVELY MEANS OF DEFENSE EXIST TO
INCLUDE MOVING OUT OF THE WAY.
 Cannot shoot from a moving vehicle unless exigent circumstances apply.
 Not to be used against persons whose actions are a threat solely to themselves and/or property.
 Any use of force will be documented in incident report. Chief or designee will complete Use of Force review and VA
Form 0867-H
 VA Form 0867-H used for uneventful handcuffing, escorting of compliant subject, building cleared with no contact
(review still required)
o Reportable incidents include Hard empty hand control tech., OC/ESB usage, handgun draws, long gun
deployment, OIS incidents
o Soft empty hand incidents are only reported when they result in injury and/or medical attention is requested by
subject.
 Imminent has a broader meaning than immediate or instantaneous.
o The meaning is flexible in that it depends on time and circumstances rather than a fixed point in time
o It means something is likely to occur at any moment
o It is usually applied to evil that “hangs” (misfortune or disaster)
 Totality of the Circumstances: Facts and circumstances, including reasonable inferences drawn there from, known
to the officer at the time of the use of deadly force that would cause a reasonable officer to conclude that the point at
issue was probably true.
o Viewed from the perspective of officer on scene
o Circumstances are fluid, tense, unpredictable, rapidly evolving
o Reasonableness not viewed in calm hindsight

EPO 5: Explain the VA Police Duty to Intervene policy TU# 22.

 On duty officer has legal and ethical duty to intervene in cases of excessive force and any violations of laws/policies
or unethical conduct and must report to chief and or supervisor immediately.
 38 CFR § 1.201 – Employee’s duty to report. (off duty)

Field Notes
EPO #1 - Define and recognize the purpose of field notes.
 Field notes are comprised of written notations taken at the scene of an incident through visual observations,
interviews, other sensory experiences, or investigative deductions supported by evidence. Are kept for 3 years.
 Field notebooks are subject to discovery in a court of law.
 Federal Rule of Evidence 612 allows a witness to refresh their memory prior to testifying by reviewing a writing.
 Gather pertinent facts.
 To aid in writing a detailed written report
 Refresh an officer's memory for courtroom testimony.
 Officer begins preparing for court the moment a call is received, continues until case is presented in court

EPO #2 - Recall the Criteria for Pedigree Information.

 Pedigree information refers to unique identifiers of persons who met with an officer.

 This information includes the following:

o First name, last name, and middle initial
o Date of birth
o Social Security Number (or last four)
o Address of residence
 WEEK 4 REVIEW
o Phone numbers
o Status (patient, employee, visitor, or outsider)
o Gender
o Race
o Height and weight
o Eye and hair color

EPO #3 - Explain the Importance of Field Notes.

 Assisting an officer and the prosecutor in securing a just conviction. First step in successful prosecution.
 Field notes are often used by officers to defend the actions, which can be presented out of the proper context and
portrayed in a negative manner.
 Field notes are often used by another law enforcement professional to further the investigation.

EPO #4 - Identify Common Errors Associated with Field Notes.

 Missing Pedigree Info
 Lack of times for key investigative steps.
 Handwriting illegible
 Unprofessional info – derogatory terms, language, etc.
 Inconsistent format
 Not enough info / detail

EPO #5 –Requirement of Maintaining a Record of Field Notes.

 Notebooks filed in the RCS 10-1 folder 5252.10.a per SOP Ch1, Sec O
 See 0730, para 9,b
 RCS officer notebooks are filed for at least 3 years after final investigation, longer authorized
 Notebook maintained indefinitely until associated cases have been adjudicated
 Not used to create a database (Violation Of Privacy Act System of Records)
 Formatted notebooks are permitted

WRITTEN STATEMENTS
EPO #1 – DEFINE STANDARD TERMS AND CONCEPTS OF A WRITTEN STATEMENT
 Written statements can help refer to the official account of events provided by suspect(s), witnesses, and victims
 A statement is something you say or write that gives info in a formal or definite way
 It is a documented account of events
 May be used for:
o Evidence in court
o Fact-finding inquiry
o VA Admin Investigation (AIB)
o Merit Systems Protection Board (MSPB) hearing
o VA OIG
o Office of Accountability and Whistleblower Protection

EPO #2 – ID WHY AN OFFICER SHOULD OBTAIN A WRITTEN STATEMENT

 Securing a written statement is done after initial interview / interrogation
 Written documentation is the cornerstone for successful investigations
 Officers can and will guide witnesses to ensure info they provided is captured

EPO #3 – ID STANDARD POLICIES, TU’s, AND VA FORMS USED BY VA POLICE FOR WRITTEN STATEMENTS
 0730 3a, Ch 3 Sec A.1.0 - “By virtue of the general law enforcement authority granted under Title 38 USC Ch 9, all
VA police officers are authorized to obtain statements.
 38 CFR S 0.735-12(b) – Obligated to participate freely and to be truthful and forthcoming
 38 CFR S 1.201 - Employees’ Duty to Report
 RCS VA Form 5252.10a – Statements of Witnesses, destroy 3 years after final investigation or when 3 years old
(whichever is longer)

 **VA Form 0024 – Voluntary Witness Statement Form

 **VA Form 0023 – Voluntary Statement – Waiver of Rights
 **VA Form 1430 – VA Police pre-questioning rights forms – REQUIRED
 Officers CANNOT provide copies of reports or other information.
 WEEK 4 REVIEW
o Requests go through Chief of Police and PAIO (ROI/FOIA)

EPO #4 – DEMONSTRATE THE PROPER PROCESSES OF COMPLETING A WRITTEN STATEMENT

U.S. DISTRICT COURT VIOLATION NOTICE (USDCVN)

EPO #1 – Explain the Primary Objectives of the USDCVN
 A simplified method of accounting for collected collateral fines.
 Convenience for the public.
 Better enforcement of petty offense laws.
 No excuse will be accepted for inaccurate or illegible entries. The issuing officer must clearly print his or her name and
badge number on the face of the violation notice and be prepared to justify the action taken with complete recall of
facts of the case. After citation issued nothing may be changed on the original copy
 The Central Violations Bureau is a national center responsible for processing violation notices (tickets) issued and
payments received for petty offenses charged on a federal violation notice.

EPO #2 – Name the Component Sections of the US DCVN

 The heart of the system is a three-ply ticket designed to provide legal notice to violators and uniform records needed
pertaining to the violation by the court, agency police, and state motor vehicle departments.
 White: Forwarded to CVB
 Pink: Kept by issuing agency
 Yellow: Defendants copy
 Mandatory Appearance - BOX A: The local Rule of Court will indicate the offenses which require an appearance
before the magistrate.
 Petty offenses: may be disposed of by forfeiture of collateral, including the prescribed amounts of collateral, will be
identified in the Rule of Court.
 The officer should cite only one offense per violation notice and ensure the proper forfeiture schedule is used for
the corresponding district court.
 CVB processes 200k to 225k violations per year, 10k to 11.25k have missing info
 Approx $24 million collected annually, the Majority goes to Crime Victims Funds dispersed by DOJ
 Voided by officer (if all copies in hand) or MC Director or Magistrate Judge if copies sent, Chief may request dismissal
or void through CVB with signed statement

Probable Cause Statement

EPO #1 – Define terms Probable Cause and PC Statement
 Probable Cause: An objectively reasonable belief that a crime has been or is being committed and that a particular
person committed it 4th amendment requires this standard before making an arrest.
 Probable Cause Statement: An affidavit of a sworn statement that outlines the factual justification for why a judge
should consent to an arrest or search warrant or why an arrest was made during a crime in progress was passed on
solid evidence that the person in custody committed the crime
EPO #2 - What the Supreme Court Says
 District of Columbia v Wesby 138 S. Ct. 577 (2018): Given the totality of the circumstances test for Probable
Cause
 Maryland v Pringle 540 U.S. 366 (2003): Probable Cause standard is incapable of precise definition into
percentages because it deals with probabilities based on the totality of the circumstances
 Brinegar v United States 338 U.S. 160 (1949): Probable cause is a flexible, common-sense standard. It merely
requires that the facts available to the officer would “warrant a person of reasonable caution in the belief” that certain
items may be contraband or stolen property or useful as evidence of a crime; it does not demand any showing that
such a belief be correct or more likely true than false.
EPO #3 - Requirements for PC Statement
 Date and Time of Occurrence.
 Establish authority within jurisdiction.
 Location of Offense.
 Legal Justification for contact with defendant.
 Document how the defendant was identified.
 Document the elements of the crime.
 Document the Charge/Outcome of the incident.

Block 1 – Location Code

WEEK 4 REVIEW

Block 33– Mandatory and

Optional Court Appearances
Box A – Mandatory
Box B – Optional

Block 34 – Total Collateral

Due

Block 35 thru 37 – Place,

Date and Time of Court
Appearance
 WEEK 4 REVIEW

EPO #3 – Identify the Components of Probable Cause Statement

May use 8 ½” X 11” paper for PC Statement

Misdemeanor Info or Felony Complaint may be used
as accusatory instrument
WEEK 4 REVIEW

The body of the statement of probable cause

must contain documentation of all required
elements of the offense in order to stand.

A statement of probable cause need not be a

full detailed description of the entire criminal
act. Rather than containing all of the minute
details of the crime, it should focus on the
elements of the offense.

I (Officer Rank Name) state that while in full

duty uniform, conducting patrol of (location)
VAMC, Address, City, State, Zip I observed
(vehicle, person, initial action(s) of offender).
I contacted the (male/female) who rendered
a XX driver’s license confirming the occupant
to be First M. Last. (Describe actions,
observations and statements of officer or
offender that give elements of the crime).
Due to (actions, statements of offender that
fulfill the elements of the crime) Name was
(further actions) and cited on DCVN
#ABC1234 for a violation of (USC, CFR or ACA)
and (further actions).