ATF explains that officers must meet the threshold to justify the use of force, which determines how the interaction proceeds

BIRMINGHAM, Ala. (WBRC) – The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) hosted a training session for members of the media in Birmingham on Thursday, offering a look at the often split-session decisions officers must make on the job and of the legislation the criteria that must be met to justify the use of force.

“What we’re trying to do is bridge the gap between the public’s understanding of police use of force and what’s really going on with police officers,” explained James Balthazar, retired ATF Senior Special Agent.

The 6 hour course started with an explanation about Department of Justice Use of Force Policy. The article reads: “Law enforcement officers and corrections officers of the Department of Justice may use deadly force only when necessary, that is, when the officer has a reasonable belief that the subject of such force is in imminent danger of death or serious. physical injury to the officer or another person.”

Deputy Chief Paul Massock serves in ATF’s Special Operations Division and has spent decades with the agency. His lesson focused on the case law that defines an officer’s right to use force and how the justification for that force depends on what is “reasonable.”

“When we look at the seminal Supreme Court case on police use of force, which is Graham v. Conner, the main thrust of it comes down to the fact that when you come to judge police use of force, you have to look. under the totality of the facts and circumstances known to the officer at the time he used force, and based on that, you ask, were the officer’s actions reasonable?” Balthazar explained.

The Supreme Court stated in Graham v. Conner“Because “the reasonableness test under the Fourth Amendment is not capable of precise definition of mechanical application . . . nevertheless, its proper application requires careful attention to the facts and circumstances of each particular case, including the seriousness of the offense in case and whether the suspect poses an immediate threat to the safety of officers or others and is actively resisting arrest or attempting to evade arrest by flight.”

The court also said, “The “reasonableness” of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight,” and “the calculation of “reasonableness” must embody the fact that police officers are often forced to make split-second judgments – in tense, uncertain and rapidly evolving circumstances – about how much force is necessary in a certain situation.”

Massock said only once, and only when determining reasonableness in a case, is the type of weapon used “immaterial.”

Balthazar led the second part of the class focused on how officers are trained to use force, de-escalation techniques, recognizing danger signals and what happens to the human body in high stress situations.

He said a common misconception is that officers are taught to “shoot to kill” and fire every bullet in their weapon.

During training, Balthazar explained that officers are taught to “shoot to stop the threat” and aim for a person’s torso or midsection because it is the largest area of the body.

“Other use of force options include verbal commands, defensive tactics, hand-to-hand techniques, wrestling or fighting, batons, pepper spray and tasers,” Balthazar said.

De-escalation is also an option for officers, but Balthazar said the suspect in the situation “has to be a willing participant.”

“Your safety is paramount, the safety of the public, the safety of the civilians around you, and that’s why de-escalation is usually qualified, it’s conditional. When safety allows it, when time allows it, when the circumstances you’re in, involved in it allow it, then de-escalation is a tactic that officers can try to use to try to defuse the situation, but it’s not always appropriate.”

As the training continued, Balthazar explained how quickly routine encounters with a person can escalate in seconds and how the stress of “fight or flight” triggers sympathetic nervous system (SNS) responses, including reduced peripheral vision, rapid breathing and increased heart rate. and blood pressure.

Officers are taught “danger signals” that could indicate the person they are dealing with could be a threat, including having their hands in their pockets or crossed, ignoring the officer’s commands, or saying things like “I can’t turn around to prison.”

Those aren’t definitive signs that someone has bad intentions, but Balthazar said that once seen, an officer will be more cautious because “action is faster than reaction.”

“One thing I would say is really important for people to understand is, when it comes to police use of force, the biggest predictor of whether an officer uses force, and if so, how much force they use, it is the behavior of the person they are dealing with.”

He added: “Respect their commands, their requests and the more civil you are…as with any human interaction, the better the conversation will flow.”

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