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August 14, 2012 By Brian Willis

Adult Diapers and Use of Force

Is it reasonable for an officer to punch a handcuffed prisoner?

Is it reasonable for an officer to shoot an unarmed person?

Is it reasonable for an officer to shoot someone with a knife?

Is it reasonable for an officer to spray a subject who is handcuffed, on his back with the officer sitting on top of them with OC?

For the answer to these and many similar questions remember adult diapers. Adult diapers? Yes, they are called Depends and Depends is the answer to these questions. When your officers ask you these questions in class looking for a definitive answer, the answer is depends. You need to teach your officers that when someone asks them these questions, the answer is depends. When an investigator or administrator calls you and asks these questions, the answer is depends.

Too many people think these are simple yes or no questions. They are not yes or no questions, they are adult diapers questions and the answer is depends.

There is no context to the question. There is not enough information in any of these questions to determine totality of circumstances. Based on the totality of circumstances the answer may be yes, or the answer may be no.

Right after you answer the question with depends, ask followup questions. Determine what the context is, what the factors are that make up the totality of circumstances before you ever offer an opinion. If the question come up in class ask the students questions to help them determine what circumstances would have to exist for it to be a reasonable responses from the officer.

By helping your officers to understand the link between adult diapers and use of force you are helping them to understand the dynamics of use of force and the art of articulation.

Brian Willis

 

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