On the beat by Darryl Perry – Special to The Garden Island This installment of On The Beat will address use of force by police officers. While this column was not meant to discuss complex controversial issues, I felt this
On the beat
by Darryl Perry – Special to The Garden Island
This installment of On The Beat will address use of force by police officers. While this column was not meant to discuss complex controversial issues, I felt this question was important for community awareness.
Q: I’m doing research on use of force by police. Do you have any information that you can share with me? — Adam, Kapa‘a
A: Adam, thank you for your inquiry. The police are governed by Hawaii Revised Statutes section 703-307, which basically says that force may be used to make a lawful arrest.
This does not mean that in every lawful arrest force must be applied. For example, force (using layperson’s terms) would not be used if the offender does not resist. In situations where the offender resists, reasonable force may be used to overcome the resistance of the offender in order to take the person into custody.
This is the area where we receive the most complaints because it is the least understood.
The complaints we receive are usually from offenders who believe excessive force was utilized. Our officers have been trained to use only reasonable force. Logically, the more the offender resists, the more force has to be applied.
The Kauai Police Department does have a use-of-force policy that articulates the continuum of force that is appropriate for a given situation. The use of force continuum generally starts with police presence, to voice commands, light touching, physical contact, all the way up to the use of deadly force.
This continuum does not follow a distinct one, then two, then three pattern, because situations are dynamic and fluid. So an officer may start out with police presence and jump immediately to deadly force.
The most difficult decision an officer may have to make is in the use of deadly force. This too is covered by statutes. Deadly force situations vary and each situation must be judged on its own unique circumstances and merits.
More specifically, before using deadly force police officers must consider the totality of circumstances and believe that the offender will cause death or serious bodily injury to others if the apprehension is “delayed.”
The decision to use deadly force may occur within fractions of a second or it could be long and drawn out like in a hostage situation.
But in all incidents the offender must have created circumstances in which the officer believes that deadly force is the only option available to prevent death or serious bodily injury to others and/or oneself.
It is not unusual for police officers to suffer from post traumatic syndrome after a shooting, and it is for this and other mental health reasons that we have counselors available to help our officers.
We are now in the final stages of purchasing TASER(s), a non-lethal tool to incapacitate a non-cooperative/violent offender.
The TASER is an option to physical confrontation and use of deadly force. It is used nationwide and has been found to save lives, reduce and prevent injuries to the police officer, reduce and prevent injuries to the offender, while decreasing liability exposure and risks to the county.
And Adam, just for your information, in 2007, there were over 20 incidents of police officers being assaulted, with wounds ranging from contusions and abrasions to more serious temporary disabling injuries.
If you are interested in a career with law enforcement, please don’t forget to visit our Web site at www.kauaipd.org.
• Darryl Perry is the chief of police at the Kaua‘i Police Department. Send your comments or questions to dperry@kauai.gov
