Less
is Not Necessarily More
Despite manufacturer claims,
there is that percentage of the population who will fight through
the alternative measures. We have all seen incidents when
tear-gas, mace, OC spray, rubber bullets, beanbag rounds, tazers
and police dogs have been somewhat, or totally ineffective.
Therefore, it is impossible for us to expect Police Officers to
deploy these technologies in situations where they feel their
lives are in danger.
In 1994, the Niagara Regional
Police - Emergency Task Unit was called to an incident where an
estranged boyfriend had attended a residence and used a shotgun to
shoot his way through the front door. The terrified resident had
fled and upon arrival of Police it was unknown at the time if the
suspect was still inside. Once containment, including K9 was in
place, a telephone call was made to the house.
The call was answered by
numerous shotgun shots from inside; this was a real call. Over the
next few very tense hours it became clear that this might be a
"suicide by cop" situation. Eventually, after telling
negotiators that he had a .38 in the back of his pants, the
suspect came outside with the shotgun in hand. At that time he was
challenged from cover by a containment position of two Tactical
Officers and a K9 officer. Additionally an arrest team of four
Tactical Officers was also in position to observe the suspect.
After several minutes of
gunpoint direction, during which time a four-officer tactical
arrest team had moved into position, the suspect dropped his
shotgun. However, rather than surrender, the suspect placed his
hand behind his back as though he was drawing the .38 (that didn’t
exist) and charged towards the Officers.
Without any previous
coordination, three officers from two different elements deployed
"less-lethal "options virtually simultaneously. An
officer fired a muzzle blast from a 37-mm gas gun, another officer
fired a 12-ga. beanbag round and the K9 officer deployed his dog.
The entire incident occurred under the watchful eye of a TV news
camera. What the film later revealed was that it was the three
options in totality that had been successful in stopping the
suspect. The film shows that the muzzle blast had very little
effect, while the beanbag round knocked him off balance and the
dog was then able to take him to the ground. What had happened by
accident, was we had witnessed the effectiveness of tiered or
layered response of less-than-lethal options.
Some readers may be thinking
that the police would have been more than justified in using
deadly force. However, to paraphrase Darryl Gates from his book
"Chief", it would not be a crime to use deadly force in
this incident, but it sure would not be a "Medal of Valour"
shooting either.
Not
More; Just Better
Over the years the Police have
come under repeated criticism for their use of deadly force in
these types of situations, particularly those involving
Emotionally Disturbed Persons (EDP’s). At the same time, we
cannot risk our Officers’ lives with individual technologies
that may or may not work.
It was with these suppositions
in mind that the Niagara Regional Police Services Emergency Task
Unit and Canine Unit joined forces to tier a response to these
type of incidents, partially those involving non-fired weapons.
The drill is as flexible as
needed, however, there are some underlying principles that must be
adhered to. Some readers may be familiar with the term a
"firm foot on the ground". The first premise of the
"Niagara Shield Drill" is that in certain circumstances
there is no alternative to deadly force. In each and every stage
there is an Officer assigned to lethal cover. This way, within
this team concept, the other Officers are conformable and able to
take reasonable risks in the attempt to save the suspect’s life
while knowing that their life is protected. Secondly, as proven in
past case studies, no single "less-than-lethal" option
is always fully effective. However, these options, when combined
or used in a "tiered" response are more likely to be
successful. In other words, in a team response we can put numerous
alternatives to deadly force in the Officer’s hands as a team,
working in conjunction with a team leader. This becomes the third
principle of the drill. The Team Leader’s coordination brings
the individual options together to save the suspect’s life in as
safe a manner for all concerned. It becomes critical that the Team
Leader provides clear direction at all stages of the operation.
This includes a thorough briefing of any changes to the practiced
drill, easy to understand commands (preferably one word) and each
team member’s area of responsibility. These principles combine
to provide a unified delivery of options, each level of which is a
force multiplier creating a stronger element to resolve the
crisis.
In simple terms, we take the
best combination of tools available at the time of the incident
and use them to bring the situation under control. The size of the
team can range from a minimum of three officers and a dog to a
team of eight officers and a dog. The tools used will vary
somewhat to what is available on-scene at the time and will also
provide the best chance of success, provided the principles are
followed.
One particularly effective
addition to this option over other shield drill tactics is the
addition of the Police Service Dog (PSD). There may be a
likelihood of false bravado from a criminal to confront tactical
officers knowing full well that they are legally bound to use the
least amount of force to effect the arrest and highly trained to
ensure that the line is not crossed. However, with the canine team
there is that slight area in the criminal’s mind of not knowing
quite how the dog will react. In the "suicide by cop"
scenario, an Emotionally Disturbed Person may be willing to accept
being shot to death by the police but less prepared for a
confrontation with a Police Service Dog. In all cases, the sight
and sound of the intense fury of a Police Service Dog has an
incredible shock effect on a situation and at the very least makes
a formidable distraction.
Similarly, without prior joint
training between tactical officers and canine, there can be the
same shock affect on the tactical officers or the dog. The
tactical officers need to understand what the capabilities and
limitations of the dog are. Likewise, the canine team must be
familiar with the tactics and exposed to working in close
proximity with the tactical officers. Practice is needed in the
formation and the movement of the team with the dog. The dog must
be exposed to firearms and all the other possible distractions
that could occur during an operation. You cannot
just take a Police Service Dog with good apprehension training and
throw him in with a Tactical Team with a good shield drill and
expect success. Joint training is without question mandatory prior
to putting this drill into operation.
Line-up
The minimum team consists of
three officers. A Tactical Officer, acting as Team Leader controls
the shield and his handgun upon entry to the situation. He is the
lethal-force option. A second Tactical Officer is armed with a
"less-lethal" option such as the Arwen 37-mm with a high
velocity rubber baton. The Arwen, equipped with the trijgon
sighting system is exceptionally accurate. The third and fourth
member of the team is a Canine Officer with his PSD. In addition
to his dog, the Canine Officer may handle an OC Spray Fogger or
ASP baton at the direction of the team leader.
As more resources become
available they are added to fill in holes dictated by the
situation. A fourth team member can take the shield which becomes
his sole responsibility. The team leader maintains lethal cover
and may have a second "less-than-lethal" option.
When five members are available
a second shield can be brought into the picture. If six and seven
officers are on-scene they are assigned hands on duty. The team
leader may assign one as the negotiator if he chooses.
The team is formed with the
shield(s) up front creating a wall. The others deploy behind the
wall and on either flank. Lethal coverage is made from either
flank, while the fired impact weapon is usually on the opposite.
The canine team usually forms up on the left flank to keep the dog
on the outside. If the Team leader has assigned lethal coverage to
another officer he may position himself between the two shields
with an aerosol weapon. From here he is central to the entire team
and better able to give directions. Room entry is made with a
shield first, followed closely by lethal coverage and then the
remainder of the team. Distraction Devices may be considered in
some situations, and in others sending the lethal coverage in an
alternate portal prior to entry should be considered.
Options
The Use of Force Options,
regardless of the number of officers remains the same.
- Officer Presence
:
Just being there may bring a
situation to an end;
- Tactical Communications
:
Clear direction from one of the
officers. Preferably this is not the Team Leader who is busy
watching the situation develop and must be ready to order the
other options when required.
- Tactical Movement
:
The approach in formation to an
advantageous proximity to the suspect. The team leader can
adjust the location as required. Team members should practice
simple one-word directions such as "Forward",
"Back", "Left" and "Right".
- Aerosol Weapon
: OC
Spray or tear gas can be an effective tool to obtain
compliance or to distract the suspect during movement.
- Impact Weapon:
When
close to the suspect, many other less-lethal options become
unserviceable due to cross contamination or over penetration.
When very close, the shields can be used as Impact Weapons and
are very effective in pinning the suspect while handcuffing.
- Fired Impact Weapon
:
Bean bag or rubber baton rounds can
be a very safe way to gain compliance from a distance,
negating the need to approach a suspect armed with a knife or
club.
- Police K9
: Either
by presence or by barking, a police dog creates a dynamic that
promotes compliance. The dog can be sent to seize the suspect
and prevent the use of a club or knife and either called out
or left in while the approach by the team is made.
- Firearm
: Again,
lethal cover is an overriding principle of this option which
allows the use of the "less lethal" options.
These options are on a loop
and not a continuum. The team leader decides from the actions
of the suspect, with an understanding of the limitation of his
team, which option or options will be used; at what time and in
what order. This freedom of action and small unit tactics is what
allows this drill to be so successful and conformable for the team
members.
As the team makes entry, their
very presence with tactical gear, shields and dog may bring the
situation to surrender. It is a very impressive and imposing
picture that will take the bravado out of many suspects. The team
moving in unison or advancing towards the suspect may be required
to cause his or her compliance. The deployment of a
"less-lethal" option maybe followed by a repeat of the
same or an alternate measure including the continuation of
tactical communications.
As always, the actions of the
suspect control the response of the team leader in his attempt to
bring the suspect into custody. A possible scenario may be the
case where a knife-wielding suspect holds police off by refusing
to drop the knife. If Officer presence and tactical communication
fail to bring an end to the confrontation, the team leader orders
the deployment of a fired impact weapon. This causes the suspect
to bend over but not drop the knife and he continues not to
respond. At this point the team leader has numerous options: use
the fired impact weapon again; send the dog; advance and use the
shield as a impact weapon to name a few.
In
Close Quarters
During the final approach and
particularly when using multiple shields the shields themselves
become excellent impact weapons. The two shield officers pivot-in
to form a backstop for each other and butt their shields together
with the suspect in between. This causes a good distraction and
allows the suspect to be pushed to a wall or the ground where he
can be controlled as he is handcuffed.
When using the minimum number of
officers, the lethal cover officer must pass the lethal coverage
to the Arwen officer. The Arwen itself becomes the lethal cover.
Care must be taken to ensure that lethal coverage is not lost,
even momentarily. The firearm can then be put away and the officer
can take on the hands-on role. In all other circumstances the
lethal cover officer remains as such throughout the arrest.
Conclusion
The openness of the Drill is a
function that allows it to be utilized in a variety of
circumstances with very little modification. It can be utilized in
situations where only two Tactical Officers and one Canine Team
are available to bring a simple situation under control on their
own. In more complicated situations a whole team can rehearse a
more complex take down, such as officer or agitator extraction in
crowd situations, immediate action drill at outlaw motorcycle gang
stops or a high risk arrest as an open air option. In any
circumstance it is the variety of tools at the officer’s
disposal and their ability to work as a team that will enhance the
safe contact with a suspect and a successful conclusion to the
incident.