Volume 10 Program 3 Passenger-Side Approach Backup: Force Science Research Center; TASER of the Month; Ohio Turkey Stop DUTY SHEET AND LESSON PLAN Total Program Length: 30:48 IN THE LINE OF DUTY is produced exclusively as an interactive sharing resource for the law enforcement community. No commercial use or access to the public at large is permitted without the authorization of L.O.D., Inc. This program contains actual video of real police incidents with no reenactments or simulations. The program is protected by copyright. Reproduction in any form is strictly prohibited without authorization from L.O.D., Inc. This program is designed for informational purposes only. IN THE LINE OF DUTY makes no representation regarding the effectiveness or appropriateness of any action or technique depicted herein. It is not intended to replace or supersede existing training policies or guidelines of individual law enforcement agencies. The video training programs included in this video are designed to fit the four major POST categories for continuing education: · LEGAL STUDIES: Concentrates on federal, state and local criminal law or issues. · INTERPERSONAL PERSPECTIVES: Focuses on communication skills, cultural diversity training, ethics, conflict management, victim sensitivity and stress management. · TECHNICAL STUDIES: Focuses on specialized studies or activities which directly relate to job description, including first aid and CPR training. · SKILL DEVELOPMENT: Focuses on activities that develop physical skill proficiency such as defensive tactics, firearms, driver training, first aid and CPR. 1 OVERVIEW: This program features a Utah Highway Patrolman’s passenger-side approach in traffic stops. His in-car camera captures an 18-wheeler swerving into a car the trooper has stopped. The trooper says that had he taken the traditional driver-side approach, the impact would have been fatal. THE INCIDENT (10:55) Utah Highway Patrol Trooper Larry Orton has changed the way he and many of his peers conduct traffic stops. Trooper Orton explains that his practice offers greater safety for the officer and a better vantage point from which to evaluate a potential threat inside the car. He refers to a 2002 in-car video to illustrate this. Trooper Orton has stopped a small red car on I-15 in southwestern Utah. Radar shows the young female driver has passed him at 88 miles per hour. The well-traveled four-lane divided highway runs through open country, about 2 miles north of Cedar City. Trooper Orton notes that the driver has pulled further over onto the shoulder than is typical, giving him a perceived safety buffer as he cants his patrol car behind hers. The trooper checks that it’s safe to leave his car, then crosses from his driver’s side around the front of his car to the right rear side of the driver. He speaks with the driver, asking for her driver’s license and registration. She hands him her DL but must lean across the front seat to reach the registration in the glove compartment. She retrieves the paper and hands it to Trooper Orton, just as a passing 18-wheeler strikes the patrol car’s rearview mirror then scrapes the entire left side of the red car. The impact with the mirror has given Trooper Orton a fraction of a second to react and he jumps back just as the red car bounces into him. These combined motions serve to reduce the impact to his legs and torso as the truck’s rear wheels hit the red car again. Because the woman had been leaning away from her door, reaching to hand papers to the Trooper, she escaped major injuries as well. The videotaped incident is a reminder to him and others that approaching on the passenger’s side can save lives. Regardless of conditions and circumstances, there is always the potential for danger in traffic stops. He says the non-traditional tactic takes the officer out of the traffic lane and increases his or her safety, at least from moving cars and trucks. Trooper Orton has had many close calls in his career, including 7 or 8 incidents of passing vehicles crashing into his parked cruiser. He has been rear-ended several times, been brushed by passing vehicles, lost his hat in passing trucks’ vortices, and several times had vehicles swerve toward him but not hit him. In this case, Trooper Orton believes his approach has saved his life, and protected the stopped driver. He recalls watching a plastic car part fly after impact and can visualize his body suffering the same fate. Trooper Orton recalls the first time he used this approach. Twelve years ago he had pulled over a female driver who was watching her mirror, obviously expecting him to walk up to her window. He went around to her right instead and was able to watch her try to hide some marijuana. He notes he wouldn’t have seen that had he taken the usual 2 tack. Trooper Orton realized then that he’s likely missed this kind of thing for years and adopted the passenger-side approach as routine. The trooper points out that the passenger-side approach improves the officers’ safety and control: Distance from traffic helps protect the officer from moving vehicles, and distance between the officer and the driver increases the officer’s personal safety zone and reaction time Occupants are startled to see the trooper on their right and they drop their guard, giving the officer the tactical advantage Officers have a better perspective from which to observe the occupants and their activity inside the vehicle Trooper Orton says it’s easier for the officer to spot weapons or contraband Since the driver will typically try to hide items away from where he or she expects the officer to come from, they actually put the items closer to the officer Trooper Orton says the passenger-side approach does have a couple of small disadvantages: Depending on the time of day, the trooper says the angle of sunlight can impair his vision. When talking with drivers, officers can get interference from passengers, who often participate in the conversation or “translate” for the driver. While the trooper’s 2000 Chevrolet Impala has no light bar, the UHP car is clearly marked with the department’s logo on the back and sides, and lights are flashing in his windows and on his mirrors. The red car is compressed by 2 to 3 inches by the impact. The trooper says he is a big fan of in-car cameras, as the videos help refresh his memory when preparing for court, and serve as examples for training purposes. Nationwide, cameras have caught many images of officers and others struck during traffic stops. Examples are graphically presented in this training program. VEHICLE APPROACH CONSIDERATIONS (4:00) Line of Duty technical advisor Rich Simpher says officers have options in traffic stops: Position him or herself on the driver’s side in FRONT of the door, looking in and down on driver and into car Stand on the driver’s side BEHIND the driver, protects the officer from a suddenlyopened car door, puts driver in an uncomfortable position Ask driver (and/or occupants) to exit their car Approach on the passenger side In many departments, the officer has discretion to use traditional tactics or adopt others, depending on conditions and circumstances. Sgt. Simpher says the bottom line is to consider all of those options and be willing to adapt. A change in tactics can improve 3 strategy, thinking and awareness. He recommends working it out in advance. Consider actions and results: Don’t pass in front of the patrol car or stand between it and the stopped car, to avoid injury if the cruiser is struck from the rear. Consider walking behind the patrol car to approach on the driver’s side. Supervisors should discuss with officers the choices available and their pros and cons. Ask yourself if you’d rather stand near grass or a guardrail or in the traffic lane. QUESTIONS (1:37) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Do you use the passenger-side approach? If so, how often? If you don’t or rarely use the passenger-side approach, how has this program influenced your thinking? Do you agree with Trooper Orton, who feels the right side approach has many advantages over the left side approach? What plusses do you feel are the most advantageous in the passenger-side approach? Have you had close calls while doing either the left side approach or the passenger-side approach? How did they influence your thinking? Do you see any other advantages or disadvantages to the passenger-side approach, other than what you’ve seen or heard on this program? Should the passenger-side approach be taught at the academy level in preference over the driver side approach - in your opinion? Have you ever had a motorist, either in a passenger vehicle or truck, attempt to distract or perhaps harm you while doing a left side approach? Under what conditions would you absolutely have a stopped motorist move to a totally safer location? How would you request the subject do that? PA? Hand signal? Personal contact? Do you always “cant” your cruiser so it would most likely take the initial impact if a motorist lost control while you were on a stop? EPILOG (1:08) In the Utah incident, the truck driver claimed he’d been leaning over to get a drink of water or change a CD. Later he claimed he was not responsible, that the trooper and woman had stopped too close to the line. When he viewed the video showing him coming across the lane, he was asked if he had a comment. He responded “nope.” It’s believed, in all likelihood, he fell asleep. There were also problems with the trucker’s log book. His firm put him out of service. Another driver was sent to take the load. There was minor damage to Trooper Orton’s cruiser. The young woman’s car was totaled; the entire left side was destroyed. The young woman was badly shaken and frightened. She was treated and released at a local hospital. Trooper Orton never issued that citation. As of this production, he continues to patrol his region of southern Utah. 4 BACKUP: The Force Science Research Center (6:05) The worst moment an officer can face is when he or she is confronted by someone drawing a gun. At the very least, the officer is at a huge disadvantage. Researchers at the University of Minnesota at Mankato seek to quantify this disadvantage. The university’s Force Science Research Center is dedicated to officer survival. A multi-stage study now in progress could someday change training entirely. Dr. Bill Lewinski is Executive Director of the Center. He and his staff look at human behavior on both ends of the force continuum. He says measurements of officers’ reactions illustrate the strengths and weaknesses in law enforcement training. Dr. Lewinski says some officers train hard and react quickly. Others don’t train or avoid training in their weaker areas, and respond accordingly in a crisis. One test shows that participants who draw and fire one round from a level II holster show a range of speed from 1.2 seconds to 2.4 seconds. These tests are intended to time the average officer’s response to the fastest subject. Dr. Lewinski says the data prove that training improves these skills and can cut reaction time in half. Since the officer can not count on the subject’s having slow reflexes, the officer must train to improve reaction time. Dr. Lewinski says it’s been shown that an individual with a hand on a weapon at the waistband can draw and fire in 9/100ths of a second. The average officer with a weapon on ready can not fire his or her weapon faster than 64/100ths of a second. Officers should do something if subject has a hand on their waistband and is noncompliant. Research simply confirms that an officer must know what to do when a subject has a hand on a weapon and is non-compliant. Empirical evidence emphasizes the gap between a subject’s speed and the officer’s response; the subject can fire twice in the time it takes the officer to begin to fire once. Subjects, knowing their intention, can fire more quickly than an officer can react. “Contextual cues” are studied here as well. These verbal and non-verbal indicators warn the officer of danger and shape the officer’s decisions. Does the officer engage in a lethal force showdown or seek cover, and how long does it take to weigh those options and make that move? What circumstances and elements can the officer use to keep him or her self and the public safe in a lethal force encounter? Ultimately, Lewinski’s Force Science Research Center expects to evaluate and help rework law enforcement use-of-force training. Few gunfights involve stationary shooters. Someone in the encounter is usually moving. The Center’s research shows that an officer who moves while shooting has the advantage. When an officer moves and shoots, the subject is caught off-guard, and forced to react rather than control the situation. New training programs should emphasize moving-and-shooting exercises. The Center is working with agencies and academies to examine this approach, which they say improves officer control and shooting accuracy compared with standing still. 5 Other research is in the works to identify the relationship between a shooter’s movements and bullet placement. Officers who move and shoot can be as accurate as those who stand and shoot. Dr. Lewinski points out that most firearms training does not include moving targets. Unfortunately, most real-life situations are not as predictable as the range sessions. The Force Science Research Center offers free access to research data, and is accepting participants for their research. The Center can be reached via their web sites: www.forcescience.com or www.forcescience.org BACKUP: TASER of the Month (1:40) Many unruly subjects back down with only the appearance of a TASER on an officer’s belt. Others require some convincing. Drugs and / or alcohol are often involved when a subject puts up a fight. An Ohio Highway Patrolman pulls over a suspected DWI. When the driver is belligerent, what would the trooper do without TASER? The disagreeable motorist does not cooperate and tries to return to his car despite the trooper’s instructions and efforts to handcuff him. He’s warned that he will be shocked if he doesn’t comply. The laser sighting dot appears on the driver’s back, and the jolt that follows knocks the driver to the ground. Still he won’t cooperate, regardless of the threat of a second application, or a third. After TASERing the subject several times, the trooper is finally able to restrain him without injury to either man. BACKUP: Tame Turkey Tails Trooper (1:34) Another cruiser-cam video involving a traffic stop of a young female driver and a red car, but in this case the Ohio Highway Patrol trooper is getting more cooperation than he asked for. This trooper uses the passenger-side approach and is joined by a friendly tom turkey. Throughout the trooper’s contact with the driver, the turkey follows his movements and chatters amiably. Others patrolling this stretch of road have reported visits with this bird. In another incident, a trooper and his partner are trapped in their patrol while waiting for a Department of Natural Resources staffer to arrive and remove the turkey. The OHP says they can’t leave the big guy out there, or he might cause an accident or become a victim of one. So they wait and watch the bird walk around the car then hop up and roost on the warm hood. DNR personnel say this particular turkey is domestic, far too comfortable with people for his own good, and a potential health threat to his wild cousins. He can’t go back to a farm, since he’s been out exploring and may carry disease. Nor can he be left loose, since he’s not equipped to survive without human contact. And he obviously goes looking for kind strangers. Sadly, but inevitably given the circumstances, the turkey is humanely euthanized. 6 Volume 10, Program 3 LESSON PLAN Synopsis: This program features a Utah Highway Patrolman’s passenger-side approach in traffic stops, and the advantages and disadvantages of this approach Time: One hour. Objectives: Upon completion of this course, officers should be able to: Obj. A: List and explain the pros of a passenger-side approach in traffic stops Obj. B: List and explain the negatives of a passenger-side approach Obj. C: Identify and discuss scenarios in which difference approaches may be warranted Obj. D: Discuss the advantage of being open-minded to new methods and procedures Obj. E: Describe ways in which training affects officer response in lethal-force incidents INSTRUCTOR’S NOTES / LAB GUIDE Obj. A: List and explain the pros and cons of a passenger-side approach in traffic stops 1. Added distance from traffic helps protect the officer from moving vehicles, and distance between the officer and the driver increases the officer’s personal safety zone and reaction time. 2. Occupants are startled to see the trooper on their right and they drop their guard, giving the officer the tactical advantage 3. Officers have a better perspective from which to observe the occupants and their activity inside the vehicle 4. It’s easier for the officer to spot weapons or contraband 5. Since the driver will typically try to hide items away from where he or she expects the officer to come from, they actually put the items closer to the officer Obj. B: List and explain the negatives of a passenger-side approach 1. Depending on the time of day, the angle of sunlight can impair the officer’s vision 2. When talking with drivers, officers can get interference from passengers, who often participate in the conversation or “translate” for the driver. Obj. C: Identify and discuss the standard approaches in traffic stops and their value 1. The customary driver’s side approach and positioned in front of the driver gives the officer a good opportunity to look down on the driver and into the vehicle 2. The driver’s side approach and standing behind the driver puts the driver at a disadvantage, having to look up and back at the officer and protects the officer from injury if the car door is suddenly opened 3. The officer has the option of moving the occupants out of and away from the vehicle once stopped if their remaining in the car would put them at risk 4. The passenger-side approach offers improved safety and tactical advantage 7 Obj. D: Discuss the advantage of being open-minded to new methods and procedures 1. Society has changed and law enforcement must respond accordingly 2. Traditional training is often based on two-officer response, though many officers now patrol solo 3. Exposure to new methods improves the officer’s awareness, thinking, and strategy skills 4. Thinking of new ways to do things forces the officer to project a situation and its possible resolutions Obj. E: Describe ways in which training affects officer response in lethal-force incidents 1. New research is proving that many officers are not fully prepared for lethal force scenarios 2. Testing shows that a motivated subject with his hand on a weapon at waist level can draw and fire that weapon twice in the time it takes the officer to begin to fire once 3. Subjects, knowing their intention, can fire more quickly than officers can react 4. Research indicates that when confronted with a weapon, the average officer is slower than the fastest subject, but training can close the gap 5. An officer who is moving while shooting has a tactical advantage over his target who must then react rather than take or keep control 6. With training, officers who move and shoot can be as accurate as those who stand and shoot 8