OBJECTIVE FACTS. Use of force will be evaluated based on the totality of the circumstances known to the officer at the time. While it is often a good idea to also include subjective information (your feelings, thoughts, fears, etc.), all objective facts that weighed into a decision to use force must be included. Except when required, you should not generally report observations, thoughts or actions of another officer. The following are examples of facts that should be included in a report where they are present:

OFFICER/SUBJECT FACTORS AND PRE-ATTACK INDICATORS*:
●Officer fatigue/injury  ●Sudden attack  ●Evading arrest by stealth  ●Evading arrest by flight ●Fighting ability ●Multiple subjects ●Target glancing ●Scanning the area ●1000-yard stare ●Verbalization of harm ●Repetitive phrases ●Weight shifting ●Evading arrest by hiding ●Ignoring the officer ●Subject pulling away ●Clenching hands or teeth ●Grooming behaviors ●Removing hat, watch, etc. ●Bladed/”boxer” stance ●Crossing the arms ●Hands above waistline ●Hands in pockets ●Illogical responses ●Gang or prison tattoos ●Armed subject(s) ●Body size disparity ●Physical exhaustion ●Inability to disengage ●Officer on the ground ●Engaged in protest activity

ENVIRONMENTAL FACTORS*:
●Unstable ground ●Steep or dangerous terrain ●Nighttime ●Winter/snow/ice ●Involvement of heights ●Water environment ●Lack of backup available ●Involvement of speed ●Rapidly evolving situation ●General type of area ●Presence of bystanders ●High crime area ●Bloodborne pathogens ●Riot/mob ●Proximity to a weapon ●Inability to call for backup

MANAGING JEOPARDY/RISK. Reports should include: any plan you had; why lesser force options were not used; whether additional resources were requested; and why it was necessary to take immediate action.

EVIDENCE. The involved officer, suspect, and the scene should be thoroughly photographed. The suspect should be interviewed and specifically asked about his/her actions and observations. It may be appropriate to offer a possible explanation of the officer’s actions and of the complaint intake process.

ENSURE ACCURACY. All reports, forms, PC statements, evidence logs, and other documents and computer entries should be reviewed to ensure accuracy.

IDENTIFY INCONSISTENCIES. Accounts of different people may differ due to their unique perspectives and memories. You should identify, and be prepared to explain, inconsistencies — but you should not do anything to artificially align perspectives or accounts.

This should not be construed as advice for any specific situation. Please call for specific legal advice based on the unique facts of your situation.

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