Case Law & Resources: Wisconsin
Citation
Issue Presented & Facts
Was the force used by the officer within the training curriculum approved by the LESB (Law Enforcement Standards Board)? - Yes. The objectives of the LESB are to assist law enforcement by establishing minimum standards of recruitment and recruit training, and by encouraging and supporting other programs designed to improve law enforcement, tribal law enforcement, jail and secure detention administration and performance.
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PO Heimsness was on-duty, as a police officer and was responding to the report of a burglary in progress. Upon arrival, PO Heimsness reported he saw the suspect and homeowner wrestling and pushing and shoving each other. The suspect advanced on PO Heimsness, grabbed and held onto PO Heimsness' left hand, and reached and attempted to grab for Heimsness' handgun with his other hand. Prior to discharging his weapon, PO Heimsness gave repeated verbal commands to get down on the ground, which the suspect ignored. PO Heimsness intentionally fired three rounds from his duty weapon, striking the suspect and causing his death.
Holding
When an officer uses force as part of their law enforcement duties, the force must fit into one of three categories: 1) a trained technique, 2) a dynamic application of a trained technique, or 3) a technique not trained but justifiable under the circumstances. Within the DAAT system, an officer may use deadly force to respond to behavior, but only if no other reasonable option is available.
If a subject attempts to disarm you, the basic technique is called the GUN technique, an acronym for Grab, Undo, and Neutralize.
Neutralize: Neutralize the subject's ability to continue or re-initiate the disarming attempt. Possible actions include:
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Disengaging
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Verbalizing
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Using passive or active countermeasures
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Using the baton
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Using deadly force, if justified. Here, The officer verbalized and then proceeded to use deadly force.
The LESB board on review of the incident decided the officer followed his training by using a trained technique and, therefore, did not act improperly.
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Reference to Defensive and Arrest Tactics Training Guide, August 2007.