Behind the Badge
Issue #8
Home The Business of the Journal Town Business It's Our Nature Slo Coast Life Slo Coast Arts Archives

Richard Hannibal
Richard & Friend

Contact Richard

Taser

Police Use of Force

by Richard Hannibal

In our business, rarely do people call the police department to tell us to "have a nice day." More commonly, some of the people we deal with are under the influence of something, be it anger, alcohol, drugs, past criminal history, or mental issues. And from time to time, in dealing with these persons "under the influence," verbal communication and persuasion does not work and we must resort to other means and force options in order to control the situation.

Sometimes doing what is necessary to affect an arrest generates complaints of excessive use of force. We hear about police abuse of force from time to time. It is rare, but when it happens, it casts all police officers in a bad light. To combat excessive use of force, law enforcement agencies like the Morro Bay Police Department have numerous safeguards in place. These begin with a hiring process that includes an extensive screening process, very intense background investigations, polygraph examinations, and psychological testing. We look for candidates that do not possess the traits of bad officers.

Once a man or woman becomes a police officer, there are additional safeguards and remedies involving excessive use of force. There is on-going training in ethics, communication, and the law - both criminal and civil - that dictates, "only that force necessary will be used to make an arrest." The officer is also exposed to the concepts of strict discipline and teamwork.

A police officer has the authority and responsibility to enforce the law and provide a safe environment for the public, using force, if necessary, in making an arrest and/or overcoming violence. The following codes provide this authority.

Penal Code section 834 provides that a peace officer can make an arrest in the manner authorized by law.

Penal Code section 834(a) states that if a person knows he is being arrested by a peace officer, it is the person's duty to refrain from using force to resist the arrest. The section goes on to say that a peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance. And, the officer shall NOT be deemed an aggressor or lose their right to self-defense by the use of reasonable force.

Penal Code section 148(a)(1) makes it a misdemeanor for a person to resist, delay or obstruct a peace officer.

Both mental and physical conditioning is extremely important in an officer's duties. In addition to physical fitness, the MBPD officer is trained in the proper use of communication and verbal persuasion including their mere professional appearance. We call this "Command Presence" and "Verbal Judo." It begins with a badge and uniform that represents our authority and proceeds on to the officer using effective communication to verbally get compliance. This works most of the time.

There are those occasions when our presence and communication doesn't work and we have to use other options. These may include less lethal tools or even deadly force. Some of the tools available to us include OC (Oleoresin Capsicum spray – commonly known as pepper spray), Taser, baton, and bean bag shot gun. Common examples of where communication does not work include having to arrest someone under the influence of a controlled substance or someone who is mentally unstable.

Deadly force is something we never want to use, but we train for it constantly. Good tactics and confidence in our weapons, the ability to use them, and the ability to make ethical decisions minimizes potential miss-use.

Finally, there is constant scrutiny by supervisors, administrators, the District Attorney's Office, the courts - both criminal and civil - and yes, the citizens of Morro Bay. We welcome this scrutiny knowing that law enforcement must be held accountable in order to have the confidence of those we serve.

As per Morro Bay Police Policy, use of force is documented and reviewed by a Critical Incident Review Board (CIRB). We also have de-briefings in hopes we will learn from what transpired and evolve in our tactical responses to violence. We are ever vigilant as individual officers and as a professional organization to make sure miss-use of force is not tolerated.

Menu

The Business of the Journal
About the Slo Coast Journal
Contact Us
Just for Fun
Letters to the Editor
Stan's Place

The Business of Our Towns
As Seen From My Couch
Behind the Badge
County & Town Contacts
Morro Bay Library
Morro Bay Police File

It's Our Nature
A Bird's Eye View
A Sense of Place: State Parks
Elfin Forest Activities
Exploring the Coast
Eye on the Estuary
Let's Go Green
Marine Sanctuaries
Observations of a Country Squire
Ocean Creatures
State Parks Events

Slo Coast Arts
Art Talk
Genie's Pocket
Great Shots
Stories From My Heart
Wildheart

Slo Coast Life
Adventures in Fitness
Best Friends
Body, Mind, Spirit
Community Calendar
Critter Care
Get Involved
Let's Go Green
Medical Myth Busting
Meet the Neighbors
Morro Musings
Surfing Out Of The Box
Wilderness Mind

Front Page
--Cambria Water Reaches Flood Stage . . .  of Information About Alternative Sources!
--City Staff Deserves Appreciation, Not Criticism
--The History of Morro Bay Activism
--Morro Bay Candidates
--New Branch Manager at Morro Bay Public Library
--New State Policy Could Derail Morro Bay Power Plant Closure
--Public Services Director Ambo Resigns
--Wastewater Treatment Scuffle Grows Murkier



Green Web Hosting
All content copyright Slo Coast Journal and Individual Writers.
Do not use without express written permission.