PASSIVE RESISTIVE PERSONS
The purpose of this newsletter is to provide guidance to Department personnel in the handling of passive resistive persons.
The Commission on Peace Officers Standards and Training (POST) Learning Domain (LD) 20 has defined passive resistance and has differentiated between passive and active resistance:
VS.
Constitutional, statutory, and case laws have established the basic requirements regarding the authority for peace officers to use force in the performance of their duties. The law allows peace officers to use reasonable force to effect an arrest, to prevent escape, to overcome resistance, in self-defense, or in defense of others; however, not all behaviors of persons encountered who are passive resistive, require the use of physical force.
It is necessary for sworn personnel to consider that even when they have the authority to use force, they should attempt to generate voluntary compliance without resorting to physical force, when there is an opportunity to do so.
It is paramount for sworn personnel to be able to identify passive resistive behavior and to be familiar with and evaluate their legal standing based on the law and Department policy. Sworn personnel should be able to apply force options based on the “reasonableness standard,” and dictated by the subject’s behavior.
The reasonableness standard has been established by and defined in the United States Supreme Court Case of Graham v. Connor, 490 U.S. 386 (1989), and is the backbone of our Department’s Use of Force Policy. Graham v. Connor implies:
The following sections of the California Penal Code (PC) give law enforcement officers guidelines to effect a legal arrest and to apply force when reasonable:
Desk personnel answering calls for service regarding passive resistive persons should consider the Department’s policy outlined in FOD 18-006, Critical Calls for Service, and FOD 16-003, Calls for Service Involving Alleged Mentally Ill Persons. When available, a field sergeant and Crisis Intervention trained (CIT) deputy should be assigned to the call.
Field units should continually re-assess the subject’s actions and the practical considerations involved in the situation, and must be prepared to transition (escalate/de-escalate) as needed to the appropriate force options, so as to always remain within the bounds of conduct which is objectively reasonable under the circumstances.
Tactical elements to consider when responding to persons displaying passive resistive behavior:
When a subject does not respond to verbal commands, but also offers no physical form of resistance, field units should consider the following:
When the decision has been made to engage a subject who is passive resistant, in order to effect an arrest; field units should attempt to employ the following tactics:
If you have any questions regarding the information contained in this newsletter, please contact Field Operations Support Services, at [REDACTED TEXT]
ATTACHMENTS
Newsletter 90-9, Less Lethal Weapons Systems
REFERENCES
Case Law
Graham v. Connor, 490 U.S. 386 (1989)
Young v County of Los Angeles (9th Cir. – August 26, 2011)
Department Policies
MPP Section 3-10/000.00, Preamble to the Use of Force Policy
MPP Section 3-10/005.00, Force Prevention Principles
MPP Section 3-10/010.00, Use of Force Defined
MPP Section 3-10/020.00, Authorized Use of Force
MPP Section 3-10/030.00, Unreasonable Force
MPP Section 3-10/040.00, Prohibited Force
MPP Section 3-10/050.15, Performance to Standards - Performance Associated With the Use of Force
MPP Section 3-10/150.00, Tactical Incidents
Department Field Operations Directives
FOD 18-006, Critical Calls for Service
FOD 16-003, Calls for Service Involving Alleged Mentally Ill Persons
Department Newsletters
Newsletter 15-26, Refusal or Inability to Exit a Vehicle at the End of a Pursuit