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It’s Time to Think CLEAR
About Officer Safety
5 Keys to Increased Officer
Safety and Performance
CommandPresence.net
2
Contents
Executive Summary ................................................................................................. 3
Nationwide Law Enforcement Trends................................................................. 4
Increased Violence Against Law Enforcement....................................... 4
Increased National Attention on Law Enforcement Training .............. 5
A CLEAR Approach ................................................................................................. 7
Communication................................................................................................. 8
Legal Authority.................................................................................................10
Emotional Intelligence ...................................................................................13
Adaptive Decision Making............................................................................15
Respect Unconditionally ...............................................................................17
A Framework for Law Enforcement....................................................................20
Dynamics of Officer / Citizen Encounters.........................................................21
Command Presence ...............................................................................................22
Notes............................................................................................................................23
CommandPresence.net
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Executive Summary
Encounters with citizens are at the heart of police work. The public’s
expectations of the police when responding to incidents and fulfilling multiple
roles are very high. Officers are expected to have strong interpersonal skills
and the ability to transition from one situation to the next, while treating
everyone with equity, dignity, and respect. Officers are also expected to
exercise good judgment in terms of resolving or preventing conflict, gaining
compliance, or solving problems using objectively reasonable force.
Notwithstanding these expectations, interacting and communicating with the
public in a manner that is both effective and perceived as fair is a challenge for
many officers. Citizens often voice their dissatisfaction with these encounters,
with complaints ranging from verbal to physical abuse. Negative public attitudes
toward the police stemming from negative encounters are well documented.1
The desired outcome of these encounters, from compliance to officer safety, is
often the result of how the police handle themselves in every situation.
Increasing officer safety is always an essential function of every officer and
their leaders. This is especially true in a time when the latest research indicates
a sharp increase in law enforcement officers being assaulted and feloniously
killed in the line of duty.2
Police interactions with citizens are in the national spotlight with increased
scrutiny coming from the public, media, and even internal leadership. Our
nation has seen a series of controversial cases in recent years, with many of
them captured on video. These events have sparked protests across the
country and soul-searching among police executives. They have also
threatened community-police relationships in many areas.
The current climate of our society has created a new set of issues that many
officers are not prepared to deal with, such as enforcement of free speech
issues, citizens refusing to identify themselves, citizens baiting officers into
confrontations over “open carry” laws, citizens filming officers on duty, and a
general refusal to submit to an officer’s lawful authority. Law enforcement
needs a new cache of principles designed to enhance officer safety while
simultaneously improving the quality of contacts with citizens.
This paper will identify some the most challenging aspects of police interactions
and recommends a comprehensive training solution for increased officer safety
and performance. This approach includes information on how officers can
communicate better with the public, understand their legal authority, how to
properly manage their emotions when they are presented with a difficult
situation, improve adaptive decision-making, and apply the principle of
unconditional respect.
CommandPresence.net
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Nationwide Law Enforcement Trends
Increased Violence Against Law Enforcement
Over the period of the last ten years, 1,512 law enforcement officers died in the
line of duty, an average of one death every 63 hours or 151 per year. The FBI’s
latest annual Law Enforcement Officers Killed and Assaulted (LEOKA) report
indicated that 57,180 officers were assaulted in the line of duty, with nearly 30
percent of those officers being injured in the incidents, and 66 feloniously killed.
These numbers reflected a staggering 61 percent increase from the previous
year, as 41 were feloniously killed in the line of duty and 50,212 were
assaulted.2
On average, more than 150 officers were assaulted in the line of duty every
single day. Personal weapons (hands and feet) accounted for the majority (78
percent) of injuries, with a 10 percent increase since 2015. Firearms were
responsible for 15 percent more injuries than last year with 2,377 officers
threatened or injured. There was a 19 percent increase in officers assaulted
with edged weapons. Other dangerous weapons used against officers also
showed an increase of 18 percent over the previous year.2
CommandPresence.net
5
Increased National Attention on Law Enforcement
Training
The institution of policing at various levels finds itself in a precarious state. The
public scrutiny surrounding law enforcement has been elevated to
unprecedented levels.
The results of a 2017 Police Community Relations Poll found that Americans
see interactions with police getting worse across the nation. When asked about
interactions nationwide, only 12 percent said they were getting better and 50
percent said they were getting worse. Nineteen percent of all respondents felt
that police were not respectful of citizens’ rights, and 11 percent were not sure.3
Other research suggests that the impact of police actions on public opinion is
not limited to the individuals that police deal with directly. There is, in fact, a far
wider audience among the family and friends of each person who comes in
contact with the police. When people feel that they have been treated well or
badly, their feelings toward the police appear to spread through these social
networks.4
In today's Internet-driven world, customers and citizens alike have more power
than ever. Interactive marketing expert Pete Blackshaw calls this "consumer-
generated media" –blogs, social networking pages, message boards, and
review sites, where a single disgruntled customer can broadcast his complaints
to an audience of millions. There is little difference when it comes to citizen-
police encounters, except that the stakes are higher. With videos being posted
by citizens, the public is now privy to a steady diet of seemingly unsavory
footage of officers.5
In Blackshaw’s best-selling book, “Satisfied Customers Tell Three Friends,
Angry Customers Tell 3,000,” he describes how the Internet has given
consumers not only a collective voice, but also a platform and a forum for those
voices. Armed with a new suite of tools, resources and technologies,
consumers are no longer passive observers; they are actually defining and
shaping the landscape of tomorrow. It doesn’t take much to see that a very
reasonable comparison can be made when it comes how citizens are redefining
the law enforcement landscape.5
CommandPresence.net
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However, reducing the number of negative encounters may be more important
than increasing the number of positive encounters. “Ordinary, good police work
is not terribly newsworthy,” said Gary Cordner, a professor of criminal justice
at Kutztown University, “but lots and lots of good, ordinary police work goes on
every day just about everywhere.”6
In line with this concept, research shows that while positive encounters do not
appear to have a substantial effect on people’s opinions of the police, negative
encounters very much do. This means that attempts to improve public opinion
by promoting positive contacts are, on their own, probably insufficient. More
important will be police managers’ efforts to reduce the number of negative
encounters.4
Sweeping Changes in Standards, Policy, & Training
Increased scrutiny from the public and media has thrust law enforcement into
a national discussion on use of force issues. As a result, government
stakeholders and communities have begun to seek ways to increase public
confidence in law enforcement, which is critical to public safety. This has
resulted in sweeping changes nationwide, particularly in the in the wake of high-
profile in-custody police deaths or deadly force against unarmed citizens. We
are now seeing training recommendations, standards, policies and laws are
being re-written across the country.
In corroborating these findings of widespread changes in training and policies,
the Vera Institute of Justice released a report which reviewed state-level
changes in policing policy and practice that were enacted in 2015 and 2016.
The report revealed that there has been a significant uptick in states’ actions
around policing, including clarifying and changing policies around use-of-force
and misconduct cases and improving tracking of police operations around the
use of body-worn cameras in order to both protect the public and police officers.
Overall, 34 states and the District of Columbia made at least 79 changes to
their laws governing policing in the last two years, compared to at least 20 bills
total in the prior three-year period.7
CommandPresence.net
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A CLEAR Approach
Law enforcement agencies devote much time and energy to the “hard skills”
such as firearms training, control tactics training, and use of technology. But
these projects often take away the focus from equally important intangibles,
such as how police officers treat others. How they regard people, from
coworkers and citizens to the individuals they arrest, is crucial to law
enforcement’s reputation and corresponds to officer safety.
Evidence-based training programs which focus on the most contemporary
topics in law enforcement are necessary today to enhance officer safety, while
also enhancing the quality of interactions officers have with the public and
others.
Law enforcement today needs an evidence-based framework to maximize their
safety while helping them increase quality contacts within the community.
In response for the national call for increased training, we present this Think
CLEAR framework which represents five critical elements of all officer - public
encounters:
Communication
Legal Authority
Emotional Intelligence
Adaptive Decision Making
Respect Unconditionally
CommandPresence.net
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Communication
Communication is the first step to officer safety, and it is important to
emphasize effective communication skills without compromising sound tactical
behavior.
In three related Department of Justice studies on felonious assaults on our
nation’s Law enforcement officers, the term “The Deadly Mix” describes the
relationship and context of the officer, the offender and the circumstances that
brought them together. Examining the “Deadly Mix” adds a different perspective
when examining our current training, what we do and why, and it can only
improve our training.8
A particular behavioral descriptor to note within these “Deadly Mix” studies,
especially in this time of promoting de-escalation, is how well an officer feels
that he or she can read others. The victim officers in all three studies felt they
could read others, and in doing so, they made judgments of the individuals they
met. In the selected study “In the Line of Fire,” over 60 percent of the victim
officers reported that they were not aware an attack was forthcoming. From the
offender perspective, 31 percent reported that the victim officer was surprised
by the attack, and 19 percent said the officer appeared unprepared and/or
indecisive. In the study “Violent Encounters,” 33 of the 50 victim officers, were
not aware an attack was forth-coming. While the victim officers believed they
could read people, the offenders were reading the officers.8
The ability to control emotions and actions sets law enforcement apart from
many occupations. Factoring in that police are the only professionals
authorized to use force legally, it is imperative for officers to devote time to
improving the first line of defense: communication skills.
Effective communication skills are fundamental in all successful relationships.
In policing, it begins with how officers express themselves using effectual
language and carefully chosen words to achieve professional objectives. It is
the distinction between commanding and communicating. Words are a force
option to gain voluntary compliance. Estimates show that police presence and
verbal direction are effective in gaining voluntary compliance 97 percent of the
time, with only 3 percent requiring empty hand, intermediate weapons, or
deadly force.9
CommandPresence.net
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A New Look at De-escalation
Law enforcement currently operates in a
politically and emotionally charged
environment. Disengagement and De-
escalation have become the new
buzzwords in law enforcement. They are
often pushed by well-intentioned people
who really do not understand the dynamics
of what they espouse, and the concepts
are often tossed out without any idea what
de-escalation actually is. Focusing only on
these buzzwords such as de-escalation,
implicit bias, and procedural justice is
inadequate and not effective at creating a
comprehensive approach to officer safety.
While these "silos" of training have merit,
we must realize that communication alone
cannot prevent all use of force incidents.
De-escalation never means compromising
officer safety by placing themselves in a
position of tactical disadvantage for the
sake of building rapport.
Officers should always be respectful and
professional, but they should always
communicate from a position of safety and
be prepared to respond to any threat.
Once that position of safety is established,
good communication techniques still apply
such as speaking calmly and watching
your nonverbal communication.
In many, if not most cases, effective
communication, cannot occur without
good tactics. When an officer is in a
tactically unsound position, they are more
focused on their personal safety, and less
so on communicating effectively.
Case Study
Officer Tim Purdy
Charlotte-Mecklenburg P.D.
Let’s examine one particular
incident that, although applauded
by the media resulting in it going
viral, shows an officer in a
particularly vulnerable and
tactically unsound position.
Tim Purdy, a veteran with the
Charlotte-Mecklenburg police
department, was pictured sitting
on the ground speaking with a
suicidal autistic high school
student.
While Officer Purdy is applauded
for his communication skills,
police officers can continue to
communicate well with people
and still accomplish what needs
to be done while maintaining
sound tactical positioning.
CommandPresence.net
10
Legal Authority
Almost every application of force incident in the United States is preceded by
a detention, arrest, or search. Federal Constitutional law governs a number of
the most critical and often high-risk police actions: use of force, seizures of
persons, investigative detentions and arrests, searches of persons, vehicle
stops and searches, entry into private premises, and the concepts of
reasonable suspicion and probable cause.
Despite extensive case law and thorough academy training, many police
officers don’t fully grasp every aspect of lawful encounters with the public until
they combine their experience in the field with a refresher of their legal
authority. For instance, do officers understand the constitutional points of law
that they must adhere to?
• Ask ten cops the difference between reasonable suspicion and probable
cause and you’ll likely get ten different answers.
• What is a consensual encounter?
• Can the officer explain the Terry Doctrine and what an investigative stop is?
• Do they understand articulable suspicion and when it applies?
• How long can the officer detain someone and under what circumstances
can they demand identification?
• When can they pat someone down? How about a search? Do they know
the difference?
• At what point does a consensual encounter become a Terry stop?
• When does a Terry stop turn into probable cause for an arrest?
Common misunderstandings in the police community on these points of law
are a result of many factors, not least of which is inconsistency among our own
trainers as well as prosecutors and judges.10
CommandPresence.net
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Officer Safety in Lawful Contacts
Officers need to be confident in applying their authority without violating a
citizen’s rights in regard to detention and searches for the sake of officer safety.
This is not to suggest we should abandon officer safety concerns. If anything,
it should heighten motivation for us to train, condition and prepare even more
diligently. Most officers will do just that, but there may always be some who
leverage the “officer safety first” mindset to systematically violate the rights of
others while destroying relational capital and creating friction with our
communities.
If someone asks the officer, “Am
I being detained?” or “Am I free
to go?”, the officer must be able
to intelligently and calmly
respond while accurately
explaining why or why not. It
changes the dynamic of the
encounter when the officer
clearly articulates to the subject
that is stopped the reason for the stop. When officers fail to answer these basic
questions, there is often an increase of friction between the officer and the
subject who has been detained.
Officer safety must be more than just a mantra. It must represent a commitment
to being skilled, conditioned, prepared and invested in positive community
relations—and not an excuse to marginalize the concerns of others or disregard
the fundamental tenets of our oath. We must find constitutionally compatible
protocols for assuring reasonable levels of officer safety.
Officers must understand their legal authority which affects every encounter
they have with citizens. To avoid civil rights litigation, evidence suppression and
public criticism, citizen contacts must adhere to the constitutional points of law.
Officers must know and understand these constitutional standards in order to
lawfully apply them.11
CommandPresence.net
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CASE STUDY
Supreme Court of Ohio.
Ohioans For Concealed Carry, Inc., V. City of Clyde
On a midsummer evening in Ohio, Shawn and
Denise Northrup went for a neighborhood walk
with their daughter, grandson, and dog. Shawn
carried a cell phone, which he holstered on his
hip—next to a black semiautomatic handgun. A
passing motorcyclist stopped to complain about
Shawn’s visible firearm and ultimately called
911, reporting that “a guy walking down the
street” with his dog was “carrying a gun out in the
open.”
The Initial Encounter
Ten minutes later, Officer David Bright spotted
the Northrups. At that point, according to Officer
Bright, Shawn pulled out his cell phone, then
“moved his hands back toward his weapon”—
where his cell phone had been – “in what Officer
Bright believed to be furtive movement.”
Bright asked Shawn to turn around with his
hands over his head. Rather than comply,
Shawn “kept asking” why Bright was there. And
rather than answer, Bright walked up with “his
hand on his firearm,” announced that if Shawn
“goes for the weapon, he’s going to shoot,” and
refused to answer any of Shawn’s questions,
such as: “What was going on?” “Am I free to go?”
“Am I under arrest here?” Bright unsnapped
Shawn’s holster and temporarily took
possession of his firearm.
The Arrest
After Bright disarmed Shawn, he explained he
was responding to a call. Bright demanded
Shawn’s driver’s license and concealed-carry
permit (though Ohio law does not require a
permit for open carry). After Shawn gave Officer
Bright his license, Bright arrested Shawn, placed
in handcuffs, and put into the back of Officer
Bright’s cruiser.
After Bright looked up Shawn’s driver’s license,
he discovered that Shawn had a concealed-carry
permit.
After about a half hour, Officer Bright released
Shawn with a citation for “failure to disclose
personal information,” which was later
dismissed.
The Lawsuit
Shawn Northrup sued alleging violations of his
rights. The district court permitted his Fourth
Amendment and state-law claims to go to trial.
Officer Bright claimed that he had a “reasonable
suspicion” that Northrup was engaged in criminal
activity based on two undisputed facts: (1)
Northrup was visibly carrying a gun on his
holster, and (2) Bright was responding to a 911
call. That reasonable suspicion, Bright claims,
justified his disarmament, detention, and citation
of Northrup.
The Fourth Amendment no doubt permitted
Bright to approach Northrup in a consensual
encounter to ask him questions. But that is not
what he did. He relied on the two undisputed
facts to stop Northrup, disarm him, and handcuff
him. The court noted that while the dispatcher
and motorcyclist may not have known the details
of Ohio’s open-carry firearm law, the police
officer had no basis for such uncertainty. Clearly
established law required Officer Bright to point to
evidence that Northrup may have been “armed
and dangerous.” Yet all he ever saw was that
Northrup was armed—and legally so.
The Court Ruling
The Supreme Court of Ohio affirmed the district
court’s conclusion that, after reading the factual
inferences in the record in Northrup’s favor,
Officer Bright could not reasonably suspect that
Northrup needed to be disarmed. Officer Bright’s
other arguments on appeal rise and fall with his
reasonable suspicion defense. If Bright had no
reason to stop and frisk Northrup, he violated
clearly established law in handcuffing—fully
seizing—Northrup in his squad car for thirty
minutes.12
CommandPresence.net
13
Emotional Intelligence
Building and maintaining community trust is the hallmark of effective policing.
Every day, tens of thousands of law enforcement officers perform honorable
and conscientious police work.
Despite this, the facts often stand in stark contrast to the public perception of
the frequency and appropriateness of force used by the police. Two separate
national police studies13,14 reflect that less than one-tenth of one percent of all
police-citizen contacts result in the use of force.
While these studies indicate that chances of the police using force is slim, the
occurrence of inappropriate use-of-force is far more unlikely. Still, irreparable
damage is often done to a police agency and even the entire profession from
even one remote story of questionable police actions. One report of abuse
among millions of police-citizen contacts can create a damaging, false narrative
of broad police misconduct and abuse in law enforcement while at the same
time undermining public support for policing.
Beyond the damage to community police relations is the financial cost that
agencies face. The cost of misconduct cases nationally has climbed
significantly in the last decade: In 2015, the 10 cities with the largest police
departments in the United States — including New York, Los Angeles, and
Chicago — paid out nearly $249 million from police misconduct cases, up
almost 50 percent from 2010, according to an analysis from the New York
Times.15
A study by Governing.com showed that 20 of the nation’s 25 largest cities, paid
out a combined annual average of nearly $1.2 billion in judgments and
settlements for police misconduct. The median annual total cost –including
payouts, legal and insurance costs –was $12 million for each of the 20 cities
reviewed.16
While we cannot expect to completely remove police misconduct or the human
factor from law enforcement, we can effect change by having a better
understanding of our emotions. To be an effective and efficient law
enforcement officer in today’s environment requires control of emotions to meet
the demands faced on the streets.
CommandPresence.net
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Today’s officers need to be highly motivated; have well developed
communication skills, and be able to engage leadership, other officers, and
community members by managing relationships and making emotional
connections to balance the needs of the organization and the community.
Professor Yvonne
Brunetto of Southern
Cross University in
Australia, conducted
a survey of 193
serving Australian
police officers and
concluded that
emotional intelligence
in police officers
could be just as
important a skill as
physical fitness and knowledge about the law. Through a series of responses,
she discovered that self-awareness, managing emotions, motivation, empathy
and handling relationships directly impacted job satisfaction.17
Successful law enforcement professionals with higher levels of emotional
intelligence have more self-awareness, self-control, social awareness,
empathy, stress tolerance and impulse control. They are better able to
recognize and manage their behavior, have more positive interpersonal
interactions, and engage in fewer problem behaviors including aggressive or
violent acts.18
Emotional intelligence also enhances officer safety. Studies conclude that
police officers who have the most success with de-escalation and social
interactions, also have a stronger sense of emotional intelligence. These police
officers tend to use less force than their peers and approach potentially
explosive situations with a calm demeanor which ends with more positive
results. They are able to prevent simple incidents from growing out of
proportion and to bring calm to a chaotic situation. Monitoring one’s sense of
empathy and utilizing the tactics of emotional intelligence so as to display less
defensive emotions is the safest strategy in approaching conflict resolution.
This skill is specifically essential for police officers who gravitate toward
dominant behavior.19
CommandPresence.net
15
Adaptive Decision Making
All crises are fraught with uncertainty. While uncertainty must be reduced to the
maximum possible extent, it can never be completely eliminated. Accordingly,
efforts will always be necessary to deal with the unexpected. Effective leaders
are compelled to continually improvise, innovate and adapt to ever-changing
circumstances. The most successful leaders are able to both anticipate a
change and promptly deal with it. Developing these types of leaders then
becomes an imperative.
Law enforcement officers need to learn to focus on the process of continually
adjusting the officer’s understanding of the situation, using emergent
information and modifying the course of action in order to achieve a given
objective. This is the concept of adaptive decision making. It is best understood
as the mental process of effectively reacting to a change in a situation. In the
simplest terms, it refers to problem-solving.
Barriers to effective decision-making include indecision, stalling, overreacting,
vacilitating, and half measures. Officers must demonstrate the ability to make
a critical decision under stress, hazard or fatigue, while circumstances are
uncertain, fast-moving or ill-defined.
What’s Important Now – W.I.N.
“What’s important now” and its acronym were coined by the legendary football
coach Lou Holtz. He instructed his players to ask themselves this question at
least 35 times a day.20
We can apply Holtz’s W.I.N. concept to law enforcement and nearly every other
area of our personal and professional lives. This is because W.I.N. is highly
applicable to the dynamic concept of adaptive decision making. The purpose is
to guide ourselves through making choices. The simple act of asking this
question will give us time to briefly pause and consider the proper decision and
the impact it will have. W.I.N. allows us to prioritize decisions.
Every choice we make in our personal and professional lives is a series of WIN
decisions. Our responses to those choices, the decisions we make, have a
lasting impact on our health, our relationships, our careers, and our finances.
For us to achieve excellence in our lives we must ask ourselves this simple, but
powerful question throughout every day –What’s Important Now?
CommandPresence.net
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A police officer’s day is a long series of WIN moments from the time they get
up, put on their uniform, and drive to work, to every situation, every assignment,
use of force decision making, end of the shift, and preparation for the next day.
Brian Willis, a renowned thought leader and trainer in the law enforcement
community, brought the concept of W.I.N. to the law enforcement profession
and has made it his signature slogan. He believes that cops should ask
themselves what he terms “life’s most powerful question” throughout every day.
“In doing so,” he says, “we are forced to focus on what is important at a
particular moment in time, enabling us to prioritize our mission, the threats, and
our actions.” “No matter what kind of call you have, it can help you stay on your
toes and not get complacent.21
Deliberate Movement
Legendary UCLA basketball coach John
Wooden would tell his teams “Be quick
but don’t hurry.” When we can slow
things down, we generally make better
decisions.
Many agencies and law enforcement
officers have recognized that time is
usually on their side and they are re-
examining tactics. Tactics have evolved
from being primarily dynamic entries and
room clearing to slower, more methodical
search tactics.25
This is why police departments nationwide are now moving towards a practice
of “Deliberate Movement.” This is not the slow and deliberate response where
movements are painstakingly slow. This is movement that clears an area but
does not move so fast that the officer’s OODA Loop is over-taxed. This tactic
recognizes that there are areas in which one must move very fast, and others
where slowing down is the most appropriate.26
Don Alwes of the National Tactical Officers Association has said, “It comes
back to the three Ts: time, tactics, and troops.” He added, “Sometimes in our
haste to catch the bad guy, we fail to honor that old axiom.”24
Officers should slow their movement somewhat to allow themselves to
accurately process their observations. The overall movement through a
structure should vary from speed to deliberate action, depending on the area,
intelligence, and situation confronted.
It comes back to the three Ts:
time, tactics, and troops.
Sometimes in our haste to
catch the bad guy, we fail to
honor that old axiom.”
Don Alwes
National Tactical
Officers Association
CommandPresence.net
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Respect Unconditionally
Every contact with the public that police make comes with a chance to either
build or damage relationships. One of the most basic and fundamental
principles in human interaction is respect. The police professional who treats
every person they encounter with human dignity and respect operates on a
higher plane than those who alter their actions based on self-imposed labels,
biases or judgment.
Policing methods characterized by positive contacts with the public are more
effective than those that focus solely on “law enforcement.” Indeed, policing
strategies that focus exclusively on routine law enforcement functions have
been shown to be costlier in the long run.
In their book, "Unleashing the Power of Unconditional Respect: Transforming
Law Enforcement and Police Training," Colwell and Huth argue that police
culture can breed a "cynical unwillingness to have a true sense of respect for
the realities of the people we police and serve." Their approach to policing asks
officers to make a leap of empathy.22
That’s not a popular view among many cops. Huth and Colwell struggled with
the pushback from officers who equate showing unconditional respect to
everyone, even criminals, with weakness. However, they maintain that an
officer who is confident in his abilities will not bully a citizen out of fear or feel
the need to intimidate.
There is a strong nexus between officer safety and public treatment, particularly
with apprehended individuals. The criminal element in America are the least
likely to respond to intimidation. And working from fear will ultimately
compromise an officer’s safety. How police react in every situation is crucial not
only to their own safety, but to maintaining a bond that is sacred to policing: the
consent of the governed. If we lose that, we all stand to suffer. You can be
tough on bad behaviors without treating people like they’re worthless and
fueling their resentment.
CommandPresence.net
18
Procedural Justice
In 2006, the theory of procedural justice was introduced to law enforcement
and many police agencies began incorporating it into their training. This theory
indicates that compliance with the law and willingness to cooperate with
enforcement efforts primarily are shaped not by the threat of force or the fear
of consequences but by the strength of citizens' beliefs that law enforcement
agencies are legitimate. It is not about enforcing laws or making arrests, but
treating people fairly.9
Sir Robert Peel’s philosophy was that “police must secure the willing
cooperation of the public through voluntary compliance of the law to…secure
and maintain the trust of the people.”
The one aspect of police work the public will remember over time is how law
enforcement officers treated them. Poet Maya Angelou once said, “I have
learned that people will forget what you said, people will forget what you did,
but people will never forget how you made them feel.” How law enforcement
personnel treat people often determines how those citizens regard the next
officer they meet. If law enforcement personnel attack the dignity and respect
of a suspect, how will that person interact with police during their next
encounter?
CommandPresence.net
19
CASE STUDY
Officer Chato Villalobos
Kansas City Police Department
The Kansas City Police Department had a back-to-school drive to give backpacks to
underprivileged children. Officer Chato Villalobos had the opportunity to assist a mother
who came in for the backpack giveaway but had not pre-registered. She apologized,
stating that she had just heard about the drive. She asked if it were possible to still get
backpacks or she could receive some extra supplies if there was anything leftover when
the drive was finished. Despite Officer Villalobos’ initial reluctance, he found two
backpacks for her. He then provided the woman his cell phone number, which was not
uncommon for officers to do in the community.
About a week later, around 10:30pm, Officer Villalobos received a call from the woman.
She asked if he was the officer who spoke Spanish. She went on to relate that she was
really concerned because she had just heard some gunfire outside of her home. When
she looked out of her window, she saw some young boys with big rifles. She believed
that they intended to kill somebody because they were hiding in the bushes and waiting.
She was now very concerned, because cops were showing up and she really believed
the kids were going to shoot the cops. She told Officer Villalobos that she needed to call
because she felt an obligation after he helped her out with the backpacks since she
didn’t speak English. She felt overwhelmed and grateful for his help and wanted to say
thank you.
Officer Villalobos immediately reached dispatch, who relayed the information to the
sergeant on the scene. They got the officers to pull-back. They then brought in a
helicopter to spotlight the kids and take them into custody without incident. When the
cops searched the area, they found three high-powered weapons. The kids told the
cops that they were there to assassinate a gang leader so that they could go to prison,
get a real tattoo, and be official gang members. Their culture created a desire to belong
to something so bad that they were willing to kill.
All that Officer Villalobos could think about was this woman. If she had not called him,
then the officers on scene would have ended in a gunfight with these kids. The police
would have been outgunned and up against kids whose objective was to get locked up
for killing someone. And though the woman had nothing to gain by calling Officer
Villalobos that night, she did so out of gratitude because of the way she was treated.23
CommandPresence.net
20
A Framework for Law Enforcement
In response to a national call for increased training, we present this Think
CLEAR framework which represents five critical elements of all officer - public
encounters: Communication, Legal authority, Emotional intelligence, Adaptive
decision making, and Respect unconditionally.
This framework is critical because it provides context to law enforcement
interactions, while being flexible enough to incorporate contemporary issues
such as de-escalation, procedural justice, legitimacy, and implicit bias.
What’s more is that research and the data are the basis for this evidence-based
framework. Officers gain new expertise in the areas where they a most need it,
according to statistics.
Some people think quality contacts within the community must somehow come
at the detriment of officer safety. But they are not mutually exclusive. Think
CLEAR empowers officers and maximizes their safety while helping them
become more knowledgeable about the people they are serving and the
situations in which they serve.
Law enforcement officers, charged with safeguarding the nation’s citizens, face
interactions with citizens that are increasingly scrutinized and put on display for
all the world to see. They deserve the best possible tools to effectively engage
citizens in a professional manner without compromising their own safety in the
process.
CommandPresence.net
21
Dynamics of Officer / Citizen Encounters
Dynamics of Officer/ Citizen Encounters was
created as an elite training module, designed
to be highly effective not only because of the
approach of the trainer but also because of the
evidence-based knowledge it presents while
offering real life benefits to the officer. Officers
attending this training can expect to be safer,
more professionally fulfilled, less stressed, and
highly productive without feeling as if they have
lost their vital role in society.
Through guided discussions, video analysis and case studies, participants will
examine:
• Current Research about the Threats to Officer Safety
• The Five Keys to the Think CLEAR model of Increased Officer Safety
and Performance
The Think CLEAR approach covers the most fundamental issues facing law
enforcement today. The ingenuity of developing an acronym to help officers
remember these simple but fundamental topics and applying them to
everyday encounters will help develop a mindset that is a win for officers and
the public.
~ Chief Tim Barfield28
In my opinion, there’s
no better way to
enhance professional
mentality than to use
CLEAR techniques.
~Captain Scott Woodell27
CommandPresence.net
22
Command Presence
Command Presence is a law enforcement training and consulting company
headquartered in Brunswick, GA. We focus on delivering evidence-based law
enforcement training to state, local, and Federal law enforcement officers
nationwide. Our instructor cadre is comprised of some of the finest law
enforcement trainers in the country (including the 2012 and 2017 ILEETA
Trainers of the Year), who have collectively trained more than 40,000 officers.
We develop and present highly interactive courses with an emphasis on
practical tools that can increase officer safety, while simultaneously improving
public safety.
Our programs are designed to benefit anyone in the law enforcement
profession, from the patrol officer to investigators, specialized units, command
staff, correctional officers, as well as policy decision makers. Our unique blend
of guided discussions, video analysis, and learning activities help ensure the
training easily transfers from the classroom to the “real world,” going beyond
theory and providing officers with performance-based tools to enhance their
safety.
Do you have a question for Command Presence? Feel free to call us anytime
or visit CommandPresence.net to sign up for upcoming training opportunities.
Phone: 1-833-LE-TRAIN
`
Notes
1. Rosenbaum, D., Lawrence, D. (2011), Teaching Respectful Police-Citizen Encounters and Good Decision Making: Results of a
Randomized Control Trial with Police Recruits. Washington, DC: National Police Research Platform.
2. United States Department of Justice. Federal Bureau of Investigation. (2016) Law Enforcement Officers Killed and Assaulted
Report. Washington. DC
3. Charles Koch Institute and the Police Foundation (2017) Police Community Relations Poll. Arlington, VA
4. Miller, J., Davis, R., Henderson, N., Markovic, J., Ortiz, C. (2004) Public Opinions of the Police: The Influence of Friends, Family,
and News Media. New York, NY. Vera Institute of Justice
5. Blackshaw, P. (2008), Satisfied Customers Tell Three Friends, Angry Customers Tell 3,000: Running a Business in Today's
Consumer-Driven World. New York, NY: Crown Publishing
6. Abbey-Lambertz, K., Erbentraut, J. (2015, Feb 17). The Simple Strategies That Could Fundamentally Change How Communities
View Their Police. Retrieved from: https://www.huffingtonpost.com/2015/02/17/community-policing-police-trust_n_6607766.html
7. Subramanian, R. and Skrzypiec, L. (2017). To Protect and Serve: New Trends in State-Level Policing Reform, 2015-2016. New
York, NY. Vera Institute of Justice
8. Pinizzotto A.J. and Davis, E.F., (1992)., Killed in the Line of Duty: A Study of Selected Felonious Killings of Law Enforcement
Officers. Washington, DC: U.S. Department of Justice, Federal Bureau of Investigation; Pinizzotto A.J. and Davis, E.F., (1997)., In
the Line of Fire: Violence Against Law Enforcement. Washington, DC: U.S. Department of Justice, Federal Bureau of
Investigation; Pinizzotto A.J. and Davis, E.F., (2006)., Violent Encounters: A Study of Felonious Assaults on Our Nation’s Law
Enforcement Officers. Washington, DC: U.S. Department of Justice, Federal Bureau of Investigation.
9. Masterson, M. (2014, May 6). Improving Officer Safety and Citizen Support: Solving the Puzzle. Retrieved from:
https://leb.fbi.gov/articles/perspective/perspective-improving-officer-safety-and-citizen-support-solving-the-puzzle
10. Means, R. (n.d) The Myth of Investigative Detention vs. Arrest. Retrieved from:
http://www.hendonpub.com/resources/article_archive/results/details?id=2167
11. Ohio Attorney General (2014 June). Law Enforcement Bulletin. Ohio Attorney General’s Office
12. Ohioans for Concealed Carry, Inc. v. Clyde, 120 Ohio St.3d 96, 2008-Ohio-4605
13. Eith, C., Durose, M. U.S. Department of Justice, Bureau of Justice Statistics (2008). Contacts between Police and the Public
(Report No. NCJ 234599). Washington, DC
14. Bozeman, William, P., MD (2018). Injuries associated with police use of force. Journal of Trauma and Acute Care Surgery: March
2018 - Volume 84 - Issue 3 - p 466–472 doi: 10.1097/TA.0000000000001783
15. Cost of Police-Misconduct Cases Soars in Big U.S. Cities: Data show rising payouts for police-misconduct settlements and court
judgments. New York Times. Retrieved from https://www.wsj.com/articles/cost-of-police-misconduct-cases-soars-in-big-u-s-cities-
1437013834
16. Governing City Lawsuit Costs Report. (2016) Retrieved from: http://www.governing.com/gov-data/city-lawsuit-legal-costs-financial-
data.html
17. Brunetto, Y., Teo, S., Shacklock, K., & Wharton R. (2012). Emotional intelligence, job satisfaction, well-being and engagement:
explaining organizational commitment and turnover intentions in policing. Human Resource Management Journal, 2(4), 428-441.
http://dx.doi.org/10.1111/j.1748-8583.2012.00198.x
18. Anderson, G. (2014, Nov 8). Emotional Intelligence Coaching For Law Enforcement Officers. Retrieved from:
http://www.aaamp.org/emotional-intelligence-coaching-for-law-enforcement-officers/
19. Okamoto, Emiko, "Dancing with Cops: A Strengths-Based Approach Toward Revitalizing Police Training" (2017).
Dance/Movement Therapy Theses. Bronxville, New York:Sarah Lawrence College
20. Willis, B. (2007, Jun 1). Want to W.I.N.? Decide "What's Important Now". Retrieved from: https://www.policeone.com/police-
training/articles/1286186-Want-to-W-I-N-Decide-Whats-Important-Now/
21. Remsberg, c. (2011, Sep 14). A chopper crashes and a training mantra kicks in to save lives. Retrieved from:
https://www.policeone.com/police-trainers/articles/4181607-A-chopper-crashes-and-a-training-mantra-kicks-in-to-save-lives/
22. Colwell, J. and Huth, C. (2010) Unleashing the Power of Unconditional Respect: Transforming Law Enforcement and Police
Training. Boca Raton, FL: CRC Press
23. The Arbinger Institute (2016, Jul 26). Community Member Prevents Murder of Police. Retrieved from: https://youtu.be/pglS7csrJ-E
24. Officer Survival Guide;11 Officer Defense Tips & Tactics PDF (D.U.). Torrance, CA: Police Magazine. Retrieved from:
http://files.policemag.com/documents/police-magazine-officer-survival-guide.pdf
25. Fletcher, T. (2017). Safer Building Searches for SWAT and Patrol. Retrieved from:
https://policeandsecuritynews.com/2017/01/18/safer-building-searches-for-swat-and-patrol/
26. Aaron (2016, March 2). Speed, Surprise, and Violence of Action – Part I. Retrieved from:
http://www.bluesheepdog.com/2016/03/02/speed-surprise-violence-action-part/
27. S. Woodell (personal communication, Nov 13, 2017)
28. T. Barfield (personal communication, Nov 29, 2017)

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Officer Safety Keys to Increased Safety and Performance

  • 1. ` It’s Time to Think CLEAR About Officer Safety 5 Keys to Increased Officer Safety and Performance
  • 2. CommandPresence.net 2 Contents Executive Summary ................................................................................................. 3 Nationwide Law Enforcement Trends................................................................. 4 Increased Violence Against Law Enforcement....................................... 4 Increased National Attention on Law Enforcement Training .............. 5 A CLEAR Approach ................................................................................................. 7 Communication................................................................................................. 8 Legal Authority.................................................................................................10 Emotional Intelligence ...................................................................................13 Adaptive Decision Making............................................................................15 Respect Unconditionally ...............................................................................17 A Framework for Law Enforcement....................................................................20 Dynamics of Officer / Citizen Encounters.........................................................21 Command Presence ...............................................................................................22 Notes............................................................................................................................23
  • 3. CommandPresence.net 3 Executive Summary Encounters with citizens are at the heart of police work. The public’s expectations of the police when responding to incidents and fulfilling multiple roles are very high. Officers are expected to have strong interpersonal skills and the ability to transition from one situation to the next, while treating everyone with equity, dignity, and respect. Officers are also expected to exercise good judgment in terms of resolving or preventing conflict, gaining compliance, or solving problems using objectively reasonable force. Notwithstanding these expectations, interacting and communicating with the public in a manner that is both effective and perceived as fair is a challenge for many officers. Citizens often voice their dissatisfaction with these encounters, with complaints ranging from verbal to physical abuse. Negative public attitudes toward the police stemming from negative encounters are well documented.1 The desired outcome of these encounters, from compliance to officer safety, is often the result of how the police handle themselves in every situation. Increasing officer safety is always an essential function of every officer and their leaders. This is especially true in a time when the latest research indicates a sharp increase in law enforcement officers being assaulted and feloniously killed in the line of duty.2 Police interactions with citizens are in the national spotlight with increased scrutiny coming from the public, media, and even internal leadership. Our nation has seen a series of controversial cases in recent years, with many of them captured on video. These events have sparked protests across the country and soul-searching among police executives. They have also threatened community-police relationships in many areas. The current climate of our society has created a new set of issues that many officers are not prepared to deal with, such as enforcement of free speech issues, citizens refusing to identify themselves, citizens baiting officers into confrontations over “open carry” laws, citizens filming officers on duty, and a general refusal to submit to an officer’s lawful authority. Law enforcement needs a new cache of principles designed to enhance officer safety while simultaneously improving the quality of contacts with citizens. This paper will identify some the most challenging aspects of police interactions and recommends a comprehensive training solution for increased officer safety and performance. This approach includes information on how officers can communicate better with the public, understand their legal authority, how to properly manage their emotions when they are presented with a difficult situation, improve adaptive decision-making, and apply the principle of unconditional respect.
  • 4. CommandPresence.net 4 Nationwide Law Enforcement Trends Increased Violence Against Law Enforcement Over the period of the last ten years, 1,512 law enforcement officers died in the line of duty, an average of one death every 63 hours or 151 per year. The FBI’s latest annual Law Enforcement Officers Killed and Assaulted (LEOKA) report indicated that 57,180 officers were assaulted in the line of duty, with nearly 30 percent of those officers being injured in the incidents, and 66 feloniously killed. These numbers reflected a staggering 61 percent increase from the previous year, as 41 were feloniously killed in the line of duty and 50,212 were assaulted.2 On average, more than 150 officers were assaulted in the line of duty every single day. Personal weapons (hands and feet) accounted for the majority (78 percent) of injuries, with a 10 percent increase since 2015. Firearms were responsible for 15 percent more injuries than last year with 2,377 officers threatened or injured. There was a 19 percent increase in officers assaulted with edged weapons. Other dangerous weapons used against officers also showed an increase of 18 percent over the previous year.2
  • 5. CommandPresence.net 5 Increased National Attention on Law Enforcement Training The institution of policing at various levels finds itself in a precarious state. The public scrutiny surrounding law enforcement has been elevated to unprecedented levels. The results of a 2017 Police Community Relations Poll found that Americans see interactions with police getting worse across the nation. When asked about interactions nationwide, only 12 percent said they were getting better and 50 percent said they were getting worse. Nineteen percent of all respondents felt that police were not respectful of citizens’ rights, and 11 percent were not sure.3 Other research suggests that the impact of police actions on public opinion is not limited to the individuals that police deal with directly. There is, in fact, a far wider audience among the family and friends of each person who comes in contact with the police. When people feel that they have been treated well or badly, their feelings toward the police appear to spread through these social networks.4 In today's Internet-driven world, customers and citizens alike have more power than ever. Interactive marketing expert Pete Blackshaw calls this "consumer- generated media" –blogs, social networking pages, message boards, and review sites, where a single disgruntled customer can broadcast his complaints to an audience of millions. There is little difference when it comes to citizen- police encounters, except that the stakes are higher. With videos being posted by citizens, the public is now privy to a steady diet of seemingly unsavory footage of officers.5 In Blackshaw’s best-selling book, “Satisfied Customers Tell Three Friends, Angry Customers Tell 3,000,” he describes how the Internet has given consumers not only a collective voice, but also a platform and a forum for those voices. Armed with a new suite of tools, resources and technologies, consumers are no longer passive observers; they are actually defining and shaping the landscape of tomorrow. It doesn’t take much to see that a very reasonable comparison can be made when it comes how citizens are redefining the law enforcement landscape.5
  • 6. CommandPresence.net 6 However, reducing the number of negative encounters may be more important than increasing the number of positive encounters. “Ordinary, good police work is not terribly newsworthy,” said Gary Cordner, a professor of criminal justice at Kutztown University, “but lots and lots of good, ordinary police work goes on every day just about everywhere.”6 In line with this concept, research shows that while positive encounters do not appear to have a substantial effect on people’s opinions of the police, negative encounters very much do. This means that attempts to improve public opinion by promoting positive contacts are, on their own, probably insufficient. More important will be police managers’ efforts to reduce the number of negative encounters.4 Sweeping Changes in Standards, Policy, & Training Increased scrutiny from the public and media has thrust law enforcement into a national discussion on use of force issues. As a result, government stakeholders and communities have begun to seek ways to increase public confidence in law enforcement, which is critical to public safety. This has resulted in sweeping changes nationwide, particularly in the in the wake of high- profile in-custody police deaths or deadly force against unarmed citizens. We are now seeing training recommendations, standards, policies and laws are being re-written across the country. In corroborating these findings of widespread changes in training and policies, the Vera Institute of Justice released a report which reviewed state-level changes in policing policy and practice that were enacted in 2015 and 2016. The report revealed that there has been a significant uptick in states’ actions around policing, including clarifying and changing policies around use-of-force and misconduct cases and improving tracking of police operations around the use of body-worn cameras in order to both protect the public and police officers. Overall, 34 states and the District of Columbia made at least 79 changes to their laws governing policing in the last two years, compared to at least 20 bills total in the prior three-year period.7
  • 7. CommandPresence.net 7 A CLEAR Approach Law enforcement agencies devote much time and energy to the “hard skills” such as firearms training, control tactics training, and use of technology. But these projects often take away the focus from equally important intangibles, such as how police officers treat others. How they regard people, from coworkers and citizens to the individuals they arrest, is crucial to law enforcement’s reputation and corresponds to officer safety. Evidence-based training programs which focus on the most contemporary topics in law enforcement are necessary today to enhance officer safety, while also enhancing the quality of interactions officers have with the public and others. Law enforcement today needs an evidence-based framework to maximize their safety while helping them increase quality contacts within the community. In response for the national call for increased training, we present this Think CLEAR framework which represents five critical elements of all officer - public encounters: Communication Legal Authority Emotional Intelligence Adaptive Decision Making Respect Unconditionally
  • 8. CommandPresence.net 8 Communication Communication is the first step to officer safety, and it is important to emphasize effective communication skills without compromising sound tactical behavior. In three related Department of Justice studies on felonious assaults on our nation’s Law enforcement officers, the term “The Deadly Mix” describes the relationship and context of the officer, the offender and the circumstances that brought them together. Examining the “Deadly Mix” adds a different perspective when examining our current training, what we do and why, and it can only improve our training.8 A particular behavioral descriptor to note within these “Deadly Mix” studies, especially in this time of promoting de-escalation, is how well an officer feels that he or she can read others. The victim officers in all three studies felt they could read others, and in doing so, they made judgments of the individuals they met. In the selected study “In the Line of Fire,” over 60 percent of the victim officers reported that they were not aware an attack was forthcoming. From the offender perspective, 31 percent reported that the victim officer was surprised by the attack, and 19 percent said the officer appeared unprepared and/or indecisive. In the study “Violent Encounters,” 33 of the 50 victim officers, were not aware an attack was forth-coming. While the victim officers believed they could read people, the offenders were reading the officers.8 The ability to control emotions and actions sets law enforcement apart from many occupations. Factoring in that police are the only professionals authorized to use force legally, it is imperative for officers to devote time to improving the first line of defense: communication skills. Effective communication skills are fundamental in all successful relationships. In policing, it begins with how officers express themselves using effectual language and carefully chosen words to achieve professional objectives. It is the distinction between commanding and communicating. Words are a force option to gain voluntary compliance. Estimates show that police presence and verbal direction are effective in gaining voluntary compliance 97 percent of the time, with only 3 percent requiring empty hand, intermediate weapons, or deadly force.9
  • 9. CommandPresence.net 9 A New Look at De-escalation Law enforcement currently operates in a politically and emotionally charged environment. Disengagement and De- escalation have become the new buzzwords in law enforcement. They are often pushed by well-intentioned people who really do not understand the dynamics of what they espouse, and the concepts are often tossed out without any idea what de-escalation actually is. Focusing only on these buzzwords such as de-escalation, implicit bias, and procedural justice is inadequate and not effective at creating a comprehensive approach to officer safety. While these "silos" of training have merit, we must realize that communication alone cannot prevent all use of force incidents. De-escalation never means compromising officer safety by placing themselves in a position of tactical disadvantage for the sake of building rapport. Officers should always be respectful and professional, but they should always communicate from a position of safety and be prepared to respond to any threat. Once that position of safety is established, good communication techniques still apply such as speaking calmly and watching your nonverbal communication. In many, if not most cases, effective communication, cannot occur without good tactics. When an officer is in a tactically unsound position, they are more focused on their personal safety, and less so on communicating effectively. Case Study Officer Tim Purdy Charlotte-Mecklenburg P.D. Let’s examine one particular incident that, although applauded by the media resulting in it going viral, shows an officer in a particularly vulnerable and tactically unsound position. Tim Purdy, a veteran with the Charlotte-Mecklenburg police department, was pictured sitting on the ground speaking with a suicidal autistic high school student. While Officer Purdy is applauded for his communication skills, police officers can continue to communicate well with people and still accomplish what needs to be done while maintaining sound tactical positioning.
  • 10. CommandPresence.net 10 Legal Authority Almost every application of force incident in the United States is preceded by a detention, arrest, or search. Federal Constitutional law governs a number of the most critical and often high-risk police actions: use of force, seizures of persons, investigative detentions and arrests, searches of persons, vehicle stops and searches, entry into private premises, and the concepts of reasonable suspicion and probable cause. Despite extensive case law and thorough academy training, many police officers don’t fully grasp every aspect of lawful encounters with the public until they combine their experience in the field with a refresher of their legal authority. For instance, do officers understand the constitutional points of law that they must adhere to? • Ask ten cops the difference between reasonable suspicion and probable cause and you’ll likely get ten different answers. • What is a consensual encounter? • Can the officer explain the Terry Doctrine and what an investigative stop is? • Do they understand articulable suspicion and when it applies? • How long can the officer detain someone and under what circumstances can they demand identification? • When can they pat someone down? How about a search? Do they know the difference? • At what point does a consensual encounter become a Terry stop? • When does a Terry stop turn into probable cause for an arrest? Common misunderstandings in the police community on these points of law are a result of many factors, not least of which is inconsistency among our own trainers as well as prosecutors and judges.10
  • 11. CommandPresence.net 11 Officer Safety in Lawful Contacts Officers need to be confident in applying their authority without violating a citizen’s rights in regard to detention and searches for the sake of officer safety. This is not to suggest we should abandon officer safety concerns. If anything, it should heighten motivation for us to train, condition and prepare even more diligently. Most officers will do just that, but there may always be some who leverage the “officer safety first” mindset to systematically violate the rights of others while destroying relational capital and creating friction with our communities. If someone asks the officer, “Am I being detained?” or “Am I free to go?”, the officer must be able to intelligently and calmly respond while accurately explaining why or why not. It changes the dynamic of the encounter when the officer clearly articulates to the subject that is stopped the reason for the stop. When officers fail to answer these basic questions, there is often an increase of friction between the officer and the subject who has been detained. Officer safety must be more than just a mantra. It must represent a commitment to being skilled, conditioned, prepared and invested in positive community relations—and not an excuse to marginalize the concerns of others or disregard the fundamental tenets of our oath. We must find constitutionally compatible protocols for assuring reasonable levels of officer safety. Officers must understand their legal authority which affects every encounter they have with citizens. To avoid civil rights litigation, evidence suppression and public criticism, citizen contacts must adhere to the constitutional points of law. Officers must know and understand these constitutional standards in order to lawfully apply them.11
  • 12. CommandPresence.net 12 CASE STUDY Supreme Court of Ohio. Ohioans For Concealed Carry, Inc., V. City of Clyde On a midsummer evening in Ohio, Shawn and Denise Northrup went for a neighborhood walk with their daughter, grandson, and dog. Shawn carried a cell phone, which he holstered on his hip—next to a black semiautomatic handgun. A passing motorcyclist stopped to complain about Shawn’s visible firearm and ultimately called 911, reporting that “a guy walking down the street” with his dog was “carrying a gun out in the open.” The Initial Encounter Ten minutes later, Officer David Bright spotted the Northrups. At that point, according to Officer Bright, Shawn pulled out his cell phone, then “moved his hands back toward his weapon”— where his cell phone had been – “in what Officer Bright believed to be furtive movement.” Bright asked Shawn to turn around with his hands over his head. Rather than comply, Shawn “kept asking” why Bright was there. And rather than answer, Bright walked up with “his hand on his firearm,” announced that if Shawn “goes for the weapon, he’s going to shoot,” and refused to answer any of Shawn’s questions, such as: “What was going on?” “Am I free to go?” “Am I under arrest here?” Bright unsnapped Shawn’s holster and temporarily took possession of his firearm. The Arrest After Bright disarmed Shawn, he explained he was responding to a call. Bright demanded Shawn’s driver’s license and concealed-carry permit (though Ohio law does not require a permit for open carry). After Shawn gave Officer Bright his license, Bright arrested Shawn, placed in handcuffs, and put into the back of Officer Bright’s cruiser. After Bright looked up Shawn’s driver’s license, he discovered that Shawn had a concealed-carry permit. After about a half hour, Officer Bright released Shawn with a citation for “failure to disclose personal information,” which was later dismissed. The Lawsuit Shawn Northrup sued alleging violations of his rights. The district court permitted his Fourth Amendment and state-law claims to go to trial. Officer Bright claimed that he had a “reasonable suspicion” that Northrup was engaged in criminal activity based on two undisputed facts: (1) Northrup was visibly carrying a gun on his holster, and (2) Bright was responding to a 911 call. That reasonable suspicion, Bright claims, justified his disarmament, detention, and citation of Northrup. The Fourth Amendment no doubt permitted Bright to approach Northrup in a consensual encounter to ask him questions. But that is not what he did. He relied on the two undisputed facts to stop Northrup, disarm him, and handcuff him. The court noted that while the dispatcher and motorcyclist may not have known the details of Ohio’s open-carry firearm law, the police officer had no basis for such uncertainty. Clearly established law required Officer Bright to point to evidence that Northrup may have been “armed and dangerous.” Yet all he ever saw was that Northrup was armed—and legally so. The Court Ruling The Supreme Court of Ohio affirmed the district court’s conclusion that, after reading the factual inferences in the record in Northrup’s favor, Officer Bright could not reasonably suspect that Northrup needed to be disarmed. Officer Bright’s other arguments on appeal rise and fall with his reasonable suspicion defense. If Bright had no reason to stop and frisk Northrup, he violated clearly established law in handcuffing—fully seizing—Northrup in his squad car for thirty minutes.12
  • 13. CommandPresence.net 13 Emotional Intelligence Building and maintaining community trust is the hallmark of effective policing. Every day, tens of thousands of law enforcement officers perform honorable and conscientious police work. Despite this, the facts often stand in stark contrast to the public perception of the frequency and appropriateness of force used by the police. Two separate national police studies13,14 reflect that less than one-tenth of one percent of all police-citizen contacts result in the use of force. While these studies indicate that chances of the police using force is slim, the occurrence of inappropriate use-of-force is far more unlikely. Still, irreparable damage is often done to a police agency and even the entire profession from even one remote story of questionable police actions. One report of abuse among millions of police-citizen contacts can create a damaging, false narrative of broad police misconduct and abuse in law enforcement while at the same time undermining public support for policing. Beyond the damage to community police relations is the financial cost that agencies face. The cost of misconduct cases nationally has climbed significantly in the last decade: In 2015, the 10 cities with the largest police departments in the United States — including New York, Los Angeles, and Chicago — paid out nearly $249 million from police misconduct cases, up almost 50 percent from 2010, according to an analysis from the New York Times.15 A study by Governing.com showed that 20 of the nation’s 25 largest cities, paid out a combined annual average of nearly $1.2 billion in judgments and settlements for police misconduct. The median annual total cost –including payouts, legal and insurance costs –was $12 million for each of the 20 cities reviewed.16 While we cannot expect to completely remove police misconduct or the human factor from law enforcement, we can effect change by having a better understanding of our emotions. To be an effective and efficient law enforcement officer in today’s environment requires control of emotions to meet the demands faced on the streets.
  • 14. CommandPresence.net 14 Today’s officers need to be highly motivated; have well developed communication skills, and be able to engage leadership, other officers, and community members by managing relationships and making emotional connections to balance the needs of the organization and the community. Professor Yvonne Brunetto of Southern Cross University in Australia, conducted a survey of 193 serving Australian police officers and concluded that emotional intelligence in police officers could be just as important a skill as physical fitness and knowledge about the law. Through a series of responses, she discovered that self-awareness, managing emotions, motivation, empathy and handling relationships directly impacted job satisfaction.17 Successful law enforcement professionals with higher levels of emotional intelligence have more self-awareness, self-control, social awareness, empathy, stress tolerance and impulse control. They are better able to recognize and manage their behavior, have more positive interpersonal interactions, and engage in fewer problem behaviors including aggressive or violent acts.18 Emotional intelligence also enhances officer safety. Studies conclude that police officers who have the most success with de-escalation and social interactions, also have a stronger sense of emotional intelligence. These police officers tend to use less force than their peers and approach potentially explosive situations with a calm demeanor which ends with more positive results. They are able to prevent simple incidents from growing out of proportion and to bring calm to a chaotic situation. Monitoring one’s sense of empathy and utilizing the tactics of emotional intelligence so as to display less defensive emotions is the safest strategy in approaching conflict resolution. This skill is specifically essential for police officers who gravitate toward dominant behavior.19
  • 15. CommandPresence.net 15 Adaptive Decision Making All crises are fraught with uncertainty. While uncertainty must be reduced to the maximum possible extent, it can never be completely eliminated. Accordingly, efforts will always be necessary to deal with the unexpected. Effective leaders are compelled to continually improvise, innovate and adapt to ever-changing circumstances. The most successful leaders are able to both anticipate a change and promptly deal with it. Developing these types of leaders then becomes an imperative. Law enforcement officers need to learn to focus on the process of continually adjusting the officer’s understanding of the situation, using emergent information and modifying the course of action in order to achieve a given objective. This is the concept of adaptive decision making. It is best understood as the mental process of effectively reacting to a change in a situation. In the simplest terms, it refers to problem-solving. Barriers to effective decision-making include indecision, stalling, overreacting, vacilitating, and half measures. Officers must demonstrate the ability to make a critical decision under stress, hazard or fatigue, while circumstances are uncertain, fast-moving or ill-defined. What’s Important Now – W.I.N. “What’s important now” and its acronym were coined by the legendary football coach Lou Holtz. He instructed his players to ask themselves this question at least 35 times a day.20 We can apply Holtz’s W.I.N. concept to law enforcement and nearly every other area of our personal and professional lives. This is because W.I.N. is highly applicable to the dynamic concept of adaptive decision making. The purpose is to guide ourselves through making choices. The simple act of asking this question will give us time to briefly pause and consider the proper decision and the impact it will have. W.I.N. allows us to prioritize decisions. Every choice we make in our personal and professional lives is a series of WIN decisions. Our responses to those choices, the decisions we make, have a lasting impact on our health, our relationships, our careers, and our finances. For us to achieve excellence in our lives we must ask ourselves this simple, but powerful question throughout every day –What’s Important Now?
  • 16. CommandPresence.net 16 A police officer’s day is a long series of WIN moments from the time they get up, put on their uniform, and drive to work, to every situation, every assignment, use of force decision making, end of the shift, and preparation for the next day. Brian Willis, a renowned thought leader and trainer in the law enforcement community, brought the concept of W.I.N. to the law enforcement profession and has made it his signature slogan. He believes that cops should ask themselves what he terms “life’s most powerful question” throughout every day. “In doing so,” he says, “we are forced to focus on what is important at a particular moment in time, enabling us to prioritize our mission, the threats, and our actions.” “No matter what kind of call you have, it can help you stay on your toes and not get complacent.21 Deliberate Movement Legendary UCLA basketball coach John Wooden would tell his teams “Be quick but don’t hurry.” When we can slow things down, we generally make better decisions. Many agencies and law enforcement officers have recognized that time is usually on their side and they are re- examining tactics. Tactics have evolved from being primarily dynamic entries and room clearing to slower, more methodical search tactics.25 This is why police departments nationwide are now moving towards a practice of “Deliberate Movement.” This is not the slow and deliberate response where movements are painstakingly slow. This is movement that clears an area but does not move so fast that the officer’s OODA Loop is over-taxed. This tactic recognizes that there are areas in which one must move very fast, and others where slowing down is the most appropriate.26 Don Alwes of the National Tactical Officers Association has said, “It comes back to the three Ts: time, tactics, and troops.” He added, “Sometimes in our haste to catch the bad guy, we fail to honor that old axiom.”24 Officers should slow their movement somewhat to allow themselves to accurately process their observations. The overall movement through a structure should vary from speed to deliberate action, depending on the area, intelligence, and situation confronted. It comes back to the three Ts: time, tactics, and troops. Sometimes in our haste to catch the bad guy, we fail to honor that old axiom.” Don Alwes National Tactical Officers Association
  • 17. CommandPresence.net 17 Respect Unconditionally Every contact with the public that police make comes with a chance to either build or damage relationships. One of the most basic and fundamental principles in human interaction is respect. The police professional who treats every person they encounter with human dignity and respect operates on a higher plane than those who alter their actions based on self-imposed labels, biases or judgment. Policing methods characterized by positive contacts with the public are more effective than those that focus solely on “law enforcement.” Indeed, policing strategies that focus exclusively on routine law enforcement functions have been shown to be costlier in the long run. In their book, "Unleashing the Power of Unconditional Respect: Transforming Law Enforcement and Police Training," Colwell and Huth argue that police culture can breed a "cynical unwillingness to have a true sense of respect for the realities of the people we police and serve." Their approach to policing asks officers to make a leap of empathy.22 That’s not a popular view among many cops. Huth and Colwell struggled with the pushback from officers who equate showing unconditional respect to everyone, even criminals, with weakness. However, they maintain that an officer who is confident in his abilities will not bully a citizen out of fear or feel the need to intimidate. There is a strong nexus between officer safety and public treatment, particularly with apprehended individuals. The criminal element in America are the least likely to respond to intimidation. And working from fear will ultimately compromise an officer’s safety. How police react in every situation is crucial not only to their own safety, but to maintaining a bond that is sacred to policing: the consent of the governed. If we lose that, we all stand to suffer. You can be tough on bad behaviors without treating people like they’re worthless and fueling their resentment.
  • 18. CommandPresence.net 18 Procedural Justice In 2006, the theory of procedural justice was introduced to law enforcement and many police agencies began incorporating it into their training. This theory indicates that compliance with the law and willingness to cooperate with enforcement efforts primarily are shaped not by the threat of force or the fear of consequences but by the strength of citizens' beliefs that law enforcement agencies are legitimate. It is not about enforcing laws or making arrests, but treating people fairly.9 Sir Robert Peel’s philosophy was that “police must secure the willing cooperation of the public through voluntary compliance of the law to…secure and maintain the trust of the people.” The one aspect of police work the public will remember over time is how law enforcement officers treated them. Poet Maya Angelou once said, “I have learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel.” How law enforcement personnel treat people often determines how those citizens regard the next officer they meet. If law enforcement personnel attack the dignity and respect of a suspect, how will that person interact with police during their next encounter?
  • 19. CommandPresence.net 19 CASE STUDY Officer Chato Villalobos Kansas City Police Department The Kansas City Police Department had a back-to-school drive to give backpacks to underprivileged children. Officer Chato Villalobos had the opportunity to assist a mother who came in for the backpack giveaway but had not pre-registered. She apologized, stating that she had just heard about the drive. She asked if it were possible to still get backpacks or she could receive some extra supplies if there was anything leftover when the drive was finished. Despite Officer Villalobos’ initial reluctance, he found two backpacks for her. He then provided the woman his cell phone number, which was not uncommon for officers to do in the community. About a week later, around 10:30pm, Officer Villalobos received a call from the woman. She asked if he was the officer who spoke Spanish. She went on to relate that she was really concerned because she had just heard some gunfire outside of her home. When she looked out of her window, she saw some young boys with big rifles. She believed that they intended to kill somebody because they were hiding in the bushes and waiting. She was now very concerned, because cops were showing up and she really believed the kids were going to shoot the cops. She told Officer Villalobos that she needed to call because she felt an obligation after he helped her out with the backpacks since she didn’t speak English. She felt overwhelmed and grateful for his help and wanted to say thank you. Officer Villalobos immediately reached dispatch, who relayed the information to the sergeant on the scene. They got the officers to pull-back. They then brought in a helicopter to spotlight the kids and take them into custody without incident. When the cops searched the area, they found three high-powered weapons. The kids told the cops that they were there to assassinate a gang leader so that they could go to prison, get a real tattoo, and be official gang members. Their culture created a desire to belong to something so bad that they were willing to kill. All that Officer Villalobos could think about was this woman. If she had not called him, then the officers on scene would have ended in a gunfight with these kids. The police would have been outgunned and up against kids whose objective was to get locked up for killing someone. And though the woman had nothing to gain by calling Officer Villalobos that night, she did so out of gratitude because of the way she was treated.23
  • 20. CommandPresence.net 20 A Framework for Law Enforcement In response to a national call for increased training, we present this Think CLEAR framework which represents five critical elements of all officer - public encounters: Communication, Legal authority, Emotional intelligence, Adaptive decision making, and Respect unconditionally. This framework is critical because it provides context to law enforcement interactions, while being flexible enough to incorporate contemporary issues such as de-escalation, procedural justice, legitimacy, and implicit bias. What’s more is that research and the data are the basis for this evidence-based framework. Officers gain new expertise in the areas where they a most need it, according to statistics. Some people think quality contacts within the community must somehow come at the detriment of officer safety. But they are not mutually exclusive. Think CLEAR empowers officers and maximizes their safety while helping them become more knowledgeable about the people they are serving and the situations in which they serve. Law enforcement officers, charged with safeguarding the nation’s citizens, face interactions with citizens that are increasingly scrutinized and put on display for all the world to see. They deserve the best possible tools to effectively engage citizens in a professional manner without compromising their own safety in the process.
  • 21. CommandPresence.net 21 Dynamics of Officer / Citizen Encounters Dynamics of Officer/ Citizen Encounters was created as an elite training module, designed to be highly effective not only because of the approach of the trainer but also because of the evidence-based knowledge it presents while offering real life benefits to the officer. Officers attending this training can expect to be safer, more professionally fulfilled, less stressed, and highly productive without feeling as if they have lost their vital role in society. Through guided discussions, video analysis and case studies, participants will examine: • Current Research about the Threats to Officer Safety • The Five Keys to the Think CLEAR model of Increased Officer Safety and Performance The Think CLEAR approach covers the most fundamental issues facing law enforcement today. The ingenuity of developing an acronym to help officers remember these simple but fundamental topics and applying them to everyday encounters will help develop a mindset that is a win for officers and the public. ~ Chief Tim Barfield28 In my opinion, there’s no better way to enhance professional mentality than to use CLEAR techniques. ~Captain Scott Woodell27
  • 22. CommandPresence.net 22 Command Presence Command Presence is a law enforcement training and consulting company headquartered in Brunswick, GA. We focus on delivering evidence-based law enforcement training to state, local, and Federal law enforcement officers nationwide. Our instructor cadre is comprised of some of the finest law enforcement trainers in the country (including the 2012 and 2017 ILEETA Trainers of the Year), who have collectively trained more than 40,000 officers. We develop and present highly interactive courses with an emphasis on practical tools that can increase officer safety, while simultaneously improving public safety. Our programs are designed to benefit anyone in the law enforcement profession, from the patrol officer to investigators, specialized units, command staff, correctional officers, as well as policy decision makers. Our unique blend of guided discussions, video analysis, and learning activities help ensure the training easily transfers from the classroom to the “real world,” going beyond theory and providing officers with performance-based tools to enhance their safety. Do you have a question for Command Presence? Feel free to call us anytime or visit CommandPresence.net to sign up for upcoming training opportunities. Phone: 1-833-LE-TRAIN
  • 23. ` Notes 1. Rosenbaum, D., Lawrence, D. (2011), Teaching Respectful Police-Citizen Encounters and Good Decision Making: Results of a Randomized Control Trial with Police Recruits. Washington, DC: National Police Research Platform. 2. United States Department of Justice. Federal Bureau of Investigation. (2016) Law Enforcement Officers Killed and Assaulted Report. Washington. DC 3. Charles Koch Institute and the Police Foundation (2017) Police Community Relations Poll. Arlington, VA 4. Miller, J., Davis, R., Henderson, N., Markovic, J., Ortiz, C. (2004) Public Opinions of the Police: The Influence of Friends, Family, and News Media. New York, NY. Vera Institute of Justice 5. Blackshaw, P. (2008), Satisfied Customers Tell Three Friends, Angry Customers Tell 3,000: Running a Business in Today's Consumer-Driven World. New York, NY: Crown Publishing 6. Abbey-Lambertz, K., Erbentraut, J. (2015, Feb 17). The Simple Strategies That Could Fundamentally Change How Communities View Their Police. Retrieved from: https://www.huffingtonpost.com/2015/02/17/community-policing-police-trust_n_6607766.html 7. Subramanian, R. and Skrzypiec, L. (2017). To Protect and Serve: New Trends in State-Level Policing Reform, 2015-2016. New York, NY. Vera Institute of Justice 8. Pinizzotto A.J. and Davis, E.F., (1992)., Killed in the Line of Duty: A Study of Selected Felonious Killings of Law Enforcement Officers. Washington, DC: U.S. Department of Justice, Federal Bureau of Investigation; Pinizzotto A.J. and Davis, E.F., (1997)., In the Line of Fire: Violence Against Law Enforcement. Washington, DC: U.S. Department of Justice, Federal Bureau of Investigation; Pinizzotto A.J. and Davis, E.F., (2006)., Violent Encounters: A Study of Felonious Assaults on Our Nation’s Law Enforcement Officers. Washington, DC: U.S. Department of Justice, Federal Bureau of Investigation. 9. Masterson, M. (2014, May 6). Improving Officer Safety and Citizen Support: Solving the Puzzle. Retrieved from: https://leb.fbi.gov/articles/perspective/perspective-improving-officer-safety-and-citizen-support-solving-the-puzzle 10. Means, R. (n.d) The Myth of Investigative Detention vs. Arrest. Retrieved from: http://www.hendonpub.com/resources/article_archive/results/details?id=2167 11. Ohio Attorney General (2014 June). Law Enforcement Bulletin. Ohio Attorney General’s Office 12. Ohioans for Concealed Carry, Inc. v. Clyde, 120 Ohio St.3d 96, 2008-Ohio-4605 13. Eith, C., Durose, M. U.S. Department of Justice, Bureau of Justice Statistics (2008). Contacts between Police and the Public (Report No. NCJ 234599). Washington, DC 14. Bozeman, William, P., MD (2018). Injuries associated with police use of force. Journal of Trauma and Acute Care Surgery: March 2018 - Volume 84 - Issue 3 - p 466–472 doi: 10.1097/TA.0000000000001783 15. Cost of Police-Misconduct Cases Soars in Big U.S. Cities: Data show rising payouts for police-misconduct settlements and court judgments. New York Times. Retrieved from https://www.wsj.com/articles/cost-of-police-misconduct-cases-soars-in-big-u-s-cities- 1437013834 16. Governing City Lawsuit Costs Report. (2016) Retrieved from: http://www.governing.com/gov-data/city-lawsuit-legal-costs-financial- data.html 17. Brunetto, Y., Teo, S., Shacklock, K., & Wharton R. (2012). Emotional intelligence, job satisfaction, well-being and engagement: explaining organizational commitment and turnover intentions in policing. Human Resource Management Journal, 2(4), 428-441. http://dx.doi.org/10.1111/j.1748-8583.2012.00198.x 18. Anderson, G. (2014, Nov 8). Emotional Intelligence Coaching For Law Enforcement Officers. Retrieved from: http://www.aaamp.org/emotional-intelligence-coaching-for-law-enforcement-officers/ 19. Okamoto, Emiko, "Dancing with Cops: A Strengths-Based Approach Toward Revitalizing Police Training" (2017). Dance/Movement Therapy Theses. Bronxville, New York:Sarah Lawrence College 20. Willis, B. (2007, Jun 1). Want to W.I.N.? Decide "What's Important Now". Retrieved from: https://www.policeone.com/police- training/articles/1286186-Want-to-W-I-N-Decide-Whats-Important-Now/ 21. Remsberg, c. (2011, Sep 14). A chopper crashes and a training mantra kicks in to save lives. Retrieved from: https://www.policeone.com/police-trainers/articles/4181607-A-chopper-crashes-and-a-training-mantra-kicks-in-to-save-lives/ 22. Colwell, J. and Huth, C. (2010) Unleashing the Power of Unconditional Respect: Transforming Law Enforcement and Police Training. Boca Raton, FL: CRC Press 23. The Arbinger Institute (2016, Jul 26). Community Member Prevents Murder of Police. Retrieved from: https://youtu.be/pglS7csrJ-E 24. Officer Survival Guide;11 Officer Defense Tips & Tactics PDF (D.U.). Torrance, CA: Police Magazine. Retrieved from: http://files.policemag.com/documents/police-magazine-officer-survival-guide.pdf 25. Fletcher, T. (2017). Safer Building Searches for SWAT and Patrol. Retrieved from: https://policeandsecuritynews.com/2017/01/18/safer-building-searches-for-swat-and-patrol/ 26. Aaron (2016, March 2). Speed, Surprise, and Violence of Action – Part I. Retrieved from: http://www.bluesheepdog.com/2016/03/02/speed-surprise-violence-action-part/ 27. S. Woodell (personal communication, Nov 13, 2017) 28. T. Barfield (personal communication, Nov 29, 2017)