Police Officers urged to use "correct language"

[Harold F. Schiffman]

12 Rules For Off-Duty Conduct
Posted: March 17th, 2006 09:59 AM EDT


Photo by Lindsey Bertomen

Besides the firearm, off-duty officers have a few less-lethal tools
available. Handheld lights are capable of flashing a disruptive and
effective strobe, and OC spray products can be used discreetly. There is a
shift in priorities when an officer is on duty and when he is off duty.
While policies vary from department to department and laws vary from state
to state, generally there is an attempt to clearly delineate between on
and off duty. The on-duty officer generally may use force to affect an
arrest. The off-duty officer's justification shifts to self-defense and
protection, not enforcement. For this reason the off-duty force continuum
is different from the on-duty one. This also means the options for off
duty are different. For example, the likelihood of an officer carrying a
baton or stun device off duty is rather low. In the use-of-force
continuum, this would create a gap between "hands-on" force (using one's
personal defense weapons like hands, fist or feet) and the use of lethal
force like a firearm.

What distinguishes between on duty and off duty? While on duty, a police
officer generally is not required to retreat when met with resistance. The
on-duty officer may use controlling force to overcome opposition.
Controlling force is defined as the minimal force, above verbal command,
required or needed to control a suspect or situation. While off duty, the
officer's priorities must shift. Unless an officer is prepared to invoke
peace officer powers and affect an arrest, the duty to continue with
controlling force stops when retreat is a reasonable option. No situation,
even with the same subjects, location, officers and force options, will
have exactly the same controlling force. Although situations may have a
similar range of force, there is an infinite set of variables.  What is
consistent is the fact that not enough training exists to assist the
officer in off-duty conduct. It is arguable that a law enforcement officer
is always on duty. For example, when an off-duty officer is assaulted by
someone who knows and recognizes him as a peace officer, the aggressor's
crime is assault on a peace officer, not simple assault.

There are differences in the dynamics between on and off duty as well.
When calling dispatch off duty, the officer may have to give dispatchers a
full assessment of the condition, especially if out of jurisdiction. This
takes time. They also may have family members or a situation that might
emotionally impact the officer's logical response at the scene. When on
duty, backup is a radio call away. What many do not recognize is the
subtle institutionalization of police officers that occurs over time. When
an incident occurs in their presence, failure to respond creates a role
conflict. Officers respond to crimes in progress because society expects
them to respond and they expect themselves to respond. Often a feeling of
frustration arises when officers are dispatched to crime scenes where no
one responds. They are subject to the scrutiny of their peers by "letting
the bad guy go." This institutionalization is an occupational hazard that
the general public cannot understand. To aid officers in becoming as
effective as possible in their off-duty roles, the following 12 rules are
offered.

Always carry a gun There are three different agency policies in regards to
off-duty firearm carry: never carry, optional carry and always carry.
Although there have been 43 unfortunate events of fratricide since 1987,
better training, rather than disarming, would be more efficient in
preventing tragedies. The never carry policy discredits some of the basic
reasons police officers are what they are. First, the one standard that
all law enforcement agencies require of their officers is sound judgment.
This sound judgment does not leave the officer after he removes the
uniform.  Secondly, if it is a safe assumption all armed personnel are out
of the area because no uniforms are seen, the rational criminal is not
deterred from his conduct. Third, there are instances where an armed
response is the obvious response. These include some well-documented
incidents of off-duty officers stopping school shootings. A gun may not be
the right tool for every situation, but it certainly is the only tool for
some situations. Train, train, train Training for off-duty concepts must
include the extreme psychological trauma inflicted by not acting. For
example, the off-duty deputy sheriff in a bank teller line witnessing a
robbery in progress might be able to consciously rationalize the fact that
the robber took only money and did not cause any injuries. Training prior
to this incident might be able to ease the emotional turmoil that follows
from not drawing his gun.

Training also must include methods of carry and recognizing others who may
be armed. It is important that officers know methods of completely
concealing their weapons and discreetly carrying them. For example, it may
be appropriate to have an overcoat over a .45, but inappropriate in an
area where everyone else is wearing shorts and T-shirts.

Consider less-lethal choices

The trick to using a less-lethal product is to deliver the payload within
a minimum timeframe of telegraphing one's intent. Initially the officer
needs to look around to insure collateral damage is minimized. Then the OC
product needs to be deployed invisibly. For example, imagine an off-duty
officer in his car. The officer pulls up into the parking lot of the mall
and notices a person walking between parked cars. This man sees the
off-duty officer and walks directly towards him. There is nothing in his
conduct that signals an attack is imminent, but only a fool would
eliminate this possibility. Perhaps the man is just asking directions.
Perhaps he intends to lull the victim into a false sense of security or
divide the attention so an accomplice hidden nearby can conduct the
attack. The smart off-duty officer should already have his keys out with
the pepper spray pointed at the "suspect." If the gun is in a pocket, then
the gun hand should already be on the grip. If the gun is on the hip, the
thumb should already be hooked in the clothing. When it appears the person
will approach, the officer's conduct should begin with a verbal challenge.
The nature of that verbal challenge should be capable of screening what
the suspect's next move will be. No person should ever approach another
unchecked.

Language is important

Use correct language. If the intentions are unknown and there is time to
deliver a verbal challenge, the challenge should be something like, "I
don't know you. Do you mind stepping back a little?" This is a softer
approach to the on-duty command, "Don't move." Commands that require an
immediate response from the officer begin with a hard consonant. Hard
consonant orders like "Don't move," "Get down" and "Drop that gun" are
much more effective than soft consonant orders like "Show me your hands"
and "Freeze." Remember, "Don't make me shoot you" is not only a good
abrupt command, it is also more legally defensible than "I will shoot
you." In the former, it is implied that something the suspect has done has
caused the officer to shoot. Also, language which includes consequences of
use of force should never be used. For example, "This is going to hurt" or
phrases that allude to killing, dying or pain should not be part of the
vocabulary. "Call the police" is also a hard consonant command. This is an
excellent method of letting the potential witnesses know that you will
remain at the scene when the uniformed officers arrive. Subconsciously,
bystanders process this by thinking this must be the good guy because he
is calling for the police. If the off-duty officer has his hands full with
guns and flashlights, "Call the police" is an excellent second choice.

There are certain times when language should not be used. It is usually
not advisable to warn someone before deploying chemical irritants. If one
has to communicate they are spraying, the situation may have already
deteriorated. Deploy and spray quickly. Render aid and apologize, if
necessary, later.

Use the radar
There is a considerable amount of literature written on officer "radar."
It all boils down to this: an attitude of constant vigilance will
significantly reduce vulnerability to an attack.

While not true in all cases, some victims communicate crime-promoting
signals prior to the attack. This is one of the reasons a veteran police
officer often has to be retrained in order to do plainclothes work. Their
constant state of vigilance prevents them from looking at the ground or
allowing people to walk up to them without setting off the "safe distance"
radar.

This radar is perfectly fine while walking to one's car in the mall
parking lot. However, it will never do if the plainclothes officer wishes
to convince the person under surveillance that an arrest team will appear
from nowhere when signaled. Veteran officers learn to quickly assess
people by looking at them, evaluate the cover in a given location, observe
everyone's hands and eyes, monitor facial expressions, and filter a
person's language for the true content of the words. Additionally,
officers learn to exchange subtle signals to others they work with.

The other part of using the radar is the fact that officers need to
maintain a situational awareness in order to identify other assailants.
When a situation reaches critical mass, tunnel vision will have a tendency
to preclude other possible threats.

Be a good witness
Is off-duty intervention the only choice? Act only if the situation
demands an armed response. Otherwise, be a good witness. The scale of
measuring an emergency situation will never be linear. That is, in every
situation all participants must judge whether it is time to use deadly
force or not.

Officers also should be aware of situations where one must consider the
balance of utility and exigency. If the trip for milk at midnight places
the off-duty officer in a position where he would be recognized or
threatened, eat toast and jam for breakfast instead.

Dial 911
Use a "backdoor line" to dispatch. This should be a number given only to
law enforcement officers who generally work in the area. It should be a
telephone line that, when called, dispatchers assume it is a law
enforcement officer on the other end until proven otherwise. Officers
should have a line or catchphrase that immediately establishes their
credentials. This catchphrase can be the same line used on the street for
officers to quickly identify themselves when in plainclothes. One
suggestion is to use the FCC license number of the dispatch. Most people
do not know this number.

The catchphrase cannot be used without interagency cooperation, training
and information security. The phrase and accompanying training must be
shared with allied agencies.

An alternative to using the catchphrase should be plain English. "I am an
off-duty police officer" or in some jurisdictions, "I am on the job" would
be acceptable.

Officers generally have a significant amount of training on how to respond
to calls and what they are supposed to do at calls. Contingency training
should include how to call 911 in case of an emergency.

Everyone should be trained to begin the call with the location of the
incident. This will insure that if the call is interrupted, at least
something will be dispatched to the area. The nature of the call maybe
unknown to the officers arriving, but help will arrive.

Other components should include the nature of the call, description,
number of suspects, vehicles and weapons, and the officer's description.
For example, "9128 this is off-duty Reilly Number 967 robbery in progress
at 270 Richards Road." If the call is interrupted at this point, officers
are already being deployed. Most officers have training in how to provide
descriptions of suspects. It is important for them to be trained in
remembering to describe themselves.

Officers should never hang up on dispatch if it appears the call will be
interrupted. Setting the phone down and letting dispatchers listen may
allow dispatchers to gather valuable intelligence from the scene.

Make and practice an exigency plan with family members
Officers should discuss with their families the types of situations unique
to the occupation. These discussions should include, "Crime in progress,"
"Someone recognized me while I was off duty" and "I need to report to work
now" drills. Families should establish and know the signal system that
tacitly says, "Please separate from me and call help."

Identify, identify, identify
On an emergency call, anyone not wearing a uniform or displaying a badge
will be considered a threatening piece of the puzzle until properly
identified. This is another important concept: until identified, officers
will be considered "a person with the gun" as opposed to "an officer with
a gun." Off-duty officers should be educated not to argue with or point
weapons in the general direction of arriving officers. They should allow
uniformed officers to restore order, regardless of their rank or duty
assignment.

All off-duty encounters should include the off-duty officer repeating the
mantra, "Off-duty officer, don't shoot" or "Police officer, don't shoot."
This should be repeatedly announced, regardless of whether the off-duty
officer can see others present or not.

Every member of every agency should be trained to listen for a similar
statement. In training for off-duty situations, all verbal commands should
be followed by something that identifies them. For example, "Get on the
ground" should be followed by dozens of repetitions of "I am a police
officer. Do not shoot."

No one should carry a firearm without a badge and a cell phone. This rule
should include retired and reserve officers. Innovative methods of
carrying a badge should be considered. A flat badge worn around the neck
can be deployed quickly and in a less threatening manner in high-risk
situations.

Although it is in the best interest of the officer to identify himself to
fellow officers, it is better if he remains unidentified to the general
public.

One method that aids in officer survival is the dummy wallet. Officers
should carry their badge and ID in a wallet separate from the one they
open to pay their restaurant check or utility bill. All of the police
credentials, including business cards, go into the badge wallet. Extra
officer safety points are given for the officer who wears a lightweight
badge and ID around his neck. This practice may prevent forcing the hand
during a personal crime like a robbery.

Carry the most effective weapon the wardrobe allows
Officers should comply with department policy in every way. If the policy
allows a range of weapon choices, the gun that fires the most effective
caliber should be chosen. If the wardrobe allows for a duty-sized weapon,
carry the duty weapon. If the situation requires a smaller weapon, the
priority should be adjusting the wardrobe to the gun, not the gun to the
wardrobe. A weapon with a similar manual of arms to the duty weapon is the
most effective.

Practice with the weapon carried
Officer should fire the off-duty weapon on a regular basis, not just
qualify twice a year with it. Sight picture can vary from gun to gun. It
is imperative the off-duty officer can shoot effectively with his choice.
If the deployment or equipment is unfamiliar, the method of carry is
ineffective.

The most powerful element of self-defense
Besides vigilance, the most powerful element of self-defense is surprise.

When attacked, if the "victim" returns an audacious, violent and
unexpected response, the tables will be turned. This is as appropriate in
an on-duty as an off-duty situation. A large percentage of law enforcement
officers injured or murdered in the arrest process did not apply initial
controlling force effectively. This concept is appropriate for off duty
also. The officer must quickly overcome, not meet, resistance in a manner
that completely neuters the threat.

All right, maybe 13 rules
Every officer who has ever donned a uniform in earnest deserves the same
thing: a healthy and uneventful retirement. The final rule is to keep this
goal in mind.


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