Police officers find themselves having to deal with various types of civilian encounters each and every day they spend on the force. There are times when officers have to conduct a routine traffic stop which generally involves them giving a warning or issuing a ticket and nothing more, and then there are other times when officers encounter a potential suspect whom they believe is attempting to commit some sort of crime. Despite the reason for the encounter, there is always the chance that the situation could escalate into something more serious and Lexington officers are expected to employ the steps stipulated in their department’s policies to de-escalate the matter.
So, what exactly is an officer supposed to do when a situation develops into something more serious? Below we highlight the steps police officers should be taking according to the Response to Resistance Policy the Lexington Police Department abides by. The steps are as follows:
- When an officer encounters “a situation where the possibility of violence or resistance to lawful arrest is present should, whenever possible and appropriate before resorting to force and to reduce the need for force, defuse the situation through verbal persuasion.”
- “Whenever possible and when such delay will not compromise the safety of the officer or another and will not result in the destruction of evidence, escape of a suspect, or commission of a crime,” an officer shall provide the individual with a reasonable amount of time to submit to their verbal commands before they must apply force.
- In the event de-escalation techniques appear to be ineffective or appropriate, the officer may “consider the use of force to control a non-compliant or actively resistant individual.” In order to do this, a Lexington police officer is permitted to use “department-approved techniques and issued equipment.”
Unfortunately, not all police officers follow these steps. In fact, some officers fail to give an individual the opportunity to submit to their commands and apply a use of force just after making contact with the person or potential suspect. And in the event you are the victim of this type of behavior and are looking to seek justice for the injuries an officer caused you to suffer, contact a Lexington, KY police brutality attorney as soon as possible.
Now, when a police officer has a justifiable reason to apply force, there are also certain steps listed in their department’s policies and procedures that they must follow, but again some fail to do so. The procedures Lexington officers are expected to abide by following a use of force include:
- When an officer uses physical force and there is a sign of injury, they must “immediately evaluate the need for medical attention or treatment for the subject upon whom the physical force was used.” The officer is expected to arrange for transportation and treatment when a person is injured or complains of being injured.
- Regardless of whether a person refuses or agrees to receive medical treatment, they will be “afforded transportation by an EC Unit for the purpose of medical treatment by a qualified medical technician or hospital personnel.” If they refuse treatment, it must be documented.
- The officer is then expected to notify their immediate supervisor of the incident.
- Once a person is “controlled and handcuffed or otherwise restrained, officers are responsible for monitoring the prisoner’s color, breathing, and level of consciousness.” Sadly, this is something many officers neglect to do which then leads to an individual’s condition worsening.
- When a suspect has resisted an officer’s commands and is required to be placed down to be “subdued,” they “should be repositioned to the sitting position or placed on their side as soon as restraining devices are applied.”
- An officer who uses their body weight to gain control of a suspect who is in a face-down position must “exercise extreme caution and shall immediately remove their weight as soon as restraining devices are applied and potential weapons that may be accessible to the prisoner are secured.”
- The officer is required to request an EC Unit if the subject does not demonstrate “a functional level of consciousness such as voluntary movement and/or speech.”
- The officer is also expected to request an EC Unit when they “deploy a CEW (conducted electrical weapon) in any manner on a subject or the subject is sprayed with OC pepper spray or any other chemical agents.”
What should I do if the officer who arrested me violated one of their department’s policies?
If you were recently arrested in Lexington, KY , whether it was because you committed a crime or were accused of breaking the law, yet the officer failed to follow one or more of the steps stipulated in their policy, you may have a viable police brutality case on your hands. Now, you do need to keep in mind that certain policies and procedures can be modified depending on the circumstances that were present at the time of your encounter with the officer so it is essential that you speak with a police brutality lawyer before assuming your case is a valid one.
To get connected with a skilled and experienced police misconduct lawyer in the Lexington area now, contact USAttorneys.com.