APPREHENSION AND RESTRAINT

LEARNING OBJECTIVES: Describe the procedures and techniques used in apprehension and restraint.

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The way you approach an individual can mean the difference between safe, quiet, and effective apprehensions, and those which are unsafe, draw unnecessary attention, and may fail to result in apprehensions. When approaching a member of the Armed Forces who is to be questioned, corrected for a minor offense, or apprehended, your first words will either control the situation or create a disturbance.

A smooth, courteous, and efficient approach, and a firm, but friendly, conversational tone usually can calm all but the most violent offenders.

A suspect is either cooperative or not. An uncooperative attitude is a good indication that an apprehension is necessary and that force may be required. By anticipating trouble before it occurs, the Master-at-Arms is in better position to take immediate action. A cooperative attitude, in itself, is not always an indication of innocence. Experienced offenders sometimes appear to be model sailors.

Keep your voice low, but distinct, with a tone of quiet authority and friendliness. Never make individuals feel they are being placed in a situation they must fight their way out. Members of the Armed Forces should be questioned as privately as possible, away from crowded areas. One Master-at-Arms does the questioning or apprehending; the other stays in the background ready to assist his or her partner, if necessary. When an apprehension is necessary, it must be made immediately.

USE OF FORCE

When making an apprehension, only such force as is necessary should be used. If the apprehension cannot

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be made without the use of force, use the MINIMUM amount of force necessary. The use of excessive force makes one liable to prosecution by law.

The use of deadly force must be used only in situations where no other alternatives exist. Deadly force is that force inflicted upon another person for the purpose of causing substantial bodily harm or death. Its use is justified only under conditions of extreme necessity, when all lesser means have failed. The use of deadly force is discussed in chapter 9 and in SECNAV INSTRUCTION 5500.29.

USE OF EQUIPMENT

As previously mentioned, an MA is never justified in treating an offender with unwarranted violence or resorting to dangerous methods if the apprehension can be executed otherwise. In extreme circumstances, you may have to use authorized items of police equipment in effecting an apprehension.

Firearms

You must exercise great caution and judgment in the use of firearms; only extreme necessity justifies the taking of a human life. As stated before, the use of firearms is authorized ONLY when all other means of accomplishing the mission have failed. Never draw firearms to use as a bluff or to communicate a threat. Remove your pistol from its holster only when its use is imminent and justified. The use of firearms against an individual who has committed a minor offense is not justifiable. A serious offense justifying the use of firearms is one attempted by force or surprise.

Although firing on persons in the act of committing a serious offense is legally justified under certain circumstances, you must consider, before shooting, the nature of the offense, your own safety, and the safety of persons in the area. These considerations generally will indicate what actions should be taken.

In attempting to halt a fleeing suspect, DO NOT fire warning shots. If the suspect fails to stop after the command HALT has been repeated once, consider before firing whether the offense is serious enough to warrant such action. Shots should NEVER be fired if they may possibly endanger innocent bystanders. The burden of proving the necessity will rest upon you.

Since personnel stationed overseas may be subject to the jurisdiction of the local foreign courts, you must be especially knowledgeable of the conditions and circumstances in which the use of firearms is legally justified under the local laws in those areas. In many cases, these laws are different from, and more restrictive

than, provisions of United States law. Firearms are covered in chapter 8 of this manual.

Handcuffs

Each time patrolmen perform an apprehension, they must assume that the person in custody may be dangerous and may become violent. Therefore, police personnel must rely upon their judgment, training, and experience in determining the need to handcuff the offender. It is not necessary, or desirable, to handcuff all persons apprehended.

Handcuffs should be applied when the offender is to be transported by a lone patrolman or in any case where the apprehending patrolman has reason to believe restraint is necessary.

Handcuffs are only temporary restraining devices and do not make a person helpless. The apprehended person still can use his or her head, body, and to a certain extent, his or her arms.

There are many ways handcuffs can be opened without keys, so never relax your vigilance just because the offender is wearing them.

So that you can place the cuffs on the offender as quickly as possible, keep them ready for instant use by wearing them as follows:

1. Keep them in a pouch, with the locks on

opposing sides and the linking chain up. Keep both ratchet arms toward the belt buckle.

2. Wear the pouch on your belt, so that they are instantly accessible to you, but out of open view where the offender might easily grab them.

When you handcuff an offender, always secure his or her hands behind the back palms out, and double lock the handcuffs.

WARNING

If the offender has his or her hands cuffed in front, he or she has a potent weapon for striking or strangling you.

For additional control, use a belt to secure the offender's hands to the body. Be sure the belt buckle is out of reach of the offender's fingers.

When you must transport a handcuffed person in a vehicle, buckle him or her in with a seat belt. This is done for that person's safety as well as your own.

WARNING

Never handcuff anyone to a fixed object while traveling in a vehicle, aircraft, and so forth. Federal law prohibits handcuffing prisoners to any fixture on a vehicle or railroad car.

To apply the handcuffs, place the suspect in one of the handcuffing/search positions that are later discussed in this chapter.

Chemical Aerosol Irritant Projectors

Chemical aerosol irritant projectors are extremely useful tools when properly used and when their function is understood. They should be used only in situations where the use of force is absolutely necessary to control violent behavior, and only as an alternative to more extreme application of force. They should never, under any circumstances, be used indiscriminately or punitively. If improperly used, these weapons may cause some degree of physical injury. (Even if they

cause nothing more than psychological shock, their potential must be recognized.)

Experience has shown that even the best control irritant is not equally effective on all persons. You should not become overconfident with the use of aerosol irritants because you could be caught off guard if you encounter an individual who is not adversely affected by the irritant.

Units that locally purchase an aerosol irritant should ensure that they are getting the best quality product. Many dispensers have been marketed, most with similar appearances in markings and containers. Improperly made or tested agents could cause permanent injury.

Aerosol irritant projectors should be used only after all reasonable efforts to control a violent person have failed. If the irritant is used to effect an apprehension, the areas of the body exposed to the liquid should be flushed with water as quickly as practicable.

When these irritants are used for crowd control, efforts should be made to caution affected people to flush exposed areas. (Many police departments use preprinted cards that can be handed to persons who have come into contact with the liquid Others have standard procedures for making public address announcements.)

Regardless of the situation, the use of irritants under the following conditions requires that the subject be taken to a hospital for immediate emergency treatment:

1. Discharge at any effective distance into the eye or face at very close range (less than 2 feet).

2. Prolonged discharge at any effective distance into the face of an already incapacitated person, or a person not responding to normal applications of the irritant formula.

3. Discharge of large quantities in a confined space, such as a small room or a closed automobile.

Projectors must never be discharged in the immediate vicinity of infants, as their respiratory systems are especially sensitive to irritating vapors.