Off-Duty Encounters

Off-Duty Encounters
Instructor Course
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IALEFI 2015 ATC
4 Hours
Instructor: Det. Sgt. Mark Hamilton
Who You Got…
Broken Right Arm
Annual Pulmonary (Lung)
Physician’s Conference
Coming to an Understanding
• Leaders are the best learners.
• Assume positive intent.
• If you can’t sell your officers on your
philosophy or view, then your only
offering course credit.
As the firearms instructor at
your agency, who can you assist
by providing this training?
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All Police Officers (Uniformed & Plain Clothes)
Retired Police Officers
Civilian Employees
CHL Holders
Law Enforcement Families
Please Consider…

“Surviving a deadly force encounter is partly chance, but is
largely due to choices we make. Generally, there is an
optimum way to prepare, to equip, to train, to execute. Each
time you choose less than the optimum, you degrade your
ability to survive.” – A.L.E.R.R.T.

We will discuss some options today, but the choice is, and
will always be, the person’s! It is up to you, the instructor, to
equip your students with the mindset and the knowledge to
protect themselves and others.
Course Objectives
After taking this course, students (Firearms Instructors) will
be able to instruct, apply and understand the following:
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Reasons to carry concealed handgun(s) off-duty
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Agency policy & laws (criminal & civil) regarding off-duty
encounters
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Proper mindset, training and preparation for off-duty encounters
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Blue-on-Blue Shootings
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Home Defense
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Post off-duty incident procedures
Course Objectives cont.
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When to get involved in an off-duty encounter (Decision
Making Matrix)
 As a law enforcement officer
 As a community citizen
 As a parent, spouse or family member
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Demonstrate safety & proficiency in the drawing, firing and
manipulating off-duty firearms
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From off-duty holsters
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In off-duty clothing
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While engaged in off-duty encounter firearm drills
Structuring Your Class
1) Written Exam – off-duty
knowledge and aptitude
(Classroom)
2) Practical Exercises – off-duty
firearm(s) safety and proficiency
(Range)
Choices We Make
Picture courtesy of ALERRT - PCRVE
Unprepared
Prepared
Things to Consider (#1)
Policies and Laws
Governing Officers in
Off-Duty Encounters
Criminal Law
How Does Your State
Define Deadly Force?

“Force which is known by the actor to cause, or in
manner of its use or intended use is capable of
causing, death or serious bodily injury.” (TX PC.
9.01 (3))

When is deadly force justified:
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“to prevent death or serious bodily injury to yourself or a
third person.”
Department Firearms Instructors should be your
agency’s Subject Matter Experts on Deadly Force.
“Public Duty”
Conduct is justified if the off-duty officer reasonably believes it
is required or authorized by law or in the execution of a legal
process.
Justification for using forceful conduct is afforded by if the offduty officer reasonably believes the process is lawful (even if
the process turns out to be unlawful).
*This section is the 1st element required for Justifiable Force*
“Necessity”
The use of force by an off-duty officer is justified against a person:
(1) If the off-duty officer reasonably believes the conduct is
immediately necessary to avoid imminent harm; and
(2) If the desirability and urgency of avoiding the harm clearly
outweighs the harm sought to be prevented (by reasonable
standards); and
(3) If there is no legislative purpose otherwise excluding the
justification (i.e. Case Law)
*This section is the 2nd element required for Justifiable Force*
Self Defense
An off-duty officer is justified in using force
against another when and to the degree the
off-duty officer reasonably believes it is
immediately necessary to protect the offduty officer from unlawful force.
Defense of 3rd Person
An off-duty officer is justified in using force
against another when and to the degree the
officer reasonably believes it is immediately
necessary to protect another person from
unlawful force.
Does your state lay out
guidelines for using deadly
rd
force in the defense of 3
person?
- Civil Remedies Unaffected?
- Civil Immunity?
- “Castle Doctrine”?
- “Stand Your Ground” Laws?
Civil Law
Tennessee v. Garner
The Supreme Court of the United States held that
under the Fourth Amendment, when a Law
Enforcement Officer (on or off duty) is pursuing a
fleeing suspect, he or she may use deadly force
only to prevent escape if the officer has probable
cause to believe that the suspect poses a significant
threat of death or serious bodily injury to the
officer or others.
Graham v. Connor
In the Graham case, the Court instructed lower
courts to always ask three questions to measure
the lawfulness of a particular use of force:
1.
2.
3.
What was the severity of the crime that the
officer believed the suspect committed, or was
in the act of committing?
Did the suspect present an immediate threat to
the safety of officers or the public?
Was the suspect actively resisting arrest or
attempting to escape?
Civil Liability
To be found liable for a federal civil rights
violation an off-duty officer must falsely act
“under the color” of State law in an effort to
accomplish an official action for purely
personal motivations.
Arrest & Seizure

Off-duty officers must be acting in an official law enforcement (not
security) capacity for an off-duty seizure to be legal (Swiecicki v.
Delgado)
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Courts have held that when off-duty officers act for purely
personal motivations “under the color” of State law they are no
longer acting as law enforcement officers (Sanchez v. Crump; Schilt
v. NYC Transit Authority)
Use of Force

Officers who use force on another while falsely asserting official
authority “under the color” of State law are open to federal civil
rights lawsuits. (Anderson v. Warner)

Purely personal motivations combined with no assertion of police
authority will most likely result in no federal civil rights violations.
(Phelan v. City of Mount Rainier)
Things to Consider (#2)
Administrative Policies
Model Policy
I.
Purpose (Why? What can our agency, Training
Division and officers gain from this policy?)
II. Policy (Recommendations for governing offduty behaviors/actions
III. Procedure (Guidelines for various courses of
action related to off-duty incidents
IV. Responsibilities/Compliance (Duties of
recipients)
V. Revision History (Dates/Approvals)
Administrative Requirements
Documentation of an off-duty incident:

Something should be written to supervision/administration when
an officer acts in some official capacity as a Police Officer while
off-duty.
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The documentation describing the off-duty event, official action
taken and the results should be submitted immediately upon the
employee’s return to work*.
Administrative Requirements
Agency Off-Duty Firearm Regulations:
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Do officers have to qualify with their off-duty weapons through
Police Training?
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Are officers allowed to carry department issued firearms outside
the state/country?
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Do officers carrying firearms off-duty have to keep them
concealed from the public’s view?
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What about officers who have a CHL?
Administrative Requirements
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Do officers have to carry their official credentials at all times?
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Would a Police Officer who elects not to carry a handgun while
off-duty be subject to disciplinary action if an occasion arises in
which police action might have been taken if armed?
It is impossible to list all of the potential off-duty conduct that
may impact the ability of an officer to carry out his/her duties.
Off-Duty Decisions
“Why do I always feel the need to get involved?”
- a rookie Police Officer
“… honor is about defending those noble and worthy
things that deserve defending, even if it comes at a high
cost. In our time, that may mean social disapproval, public
scorn, hardship, persecution, or as always, even death
itself. The question remains: What is worth defending?
What is worth dying for? What is worth living for?"
- William J. Bennett
In a lecture to the United States Naval Academy
November 24, 1997
The Gift of Aggression
“Everyone has been given a gift in life. Some people have a gift for
science and some have a flair for art. And warriors have been given the
gift of aggression. They would no more misuse this gift than a doctor
would misuse his healing arts, but they yearn for the opportunity to
use their gift to help others. These people, the ones who have been
blessed with the gift of aggression and a love for others, are our
sheepdogs. These are our warriors.”
Lt. Col. Grossman
Summary of Grossman’s
Analogy
Sheep are docile, follow the herd and turn a blind eye to danger. They
don’t see a need for sheep dogs until they need them.
*
Wolves ruthlessly pray on the sheep and tend to pick easy targets.
*
Sheep Dogs are the guardians. They intimidate those who intimidate
others.
Many times, sheep confuse wolves and sheep dogs because of
appearance.
Wolf or Sheepdog?
Picture courtesy of ALERRT - PCRVE
The ones who will be shot
first in an incident…
All is Fair Game in a Trial
Why Do You Carry Off-Duty?
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“If I don’t do it nobody else will.”
“It’s a tool of my trade.”
“I’m a Peace Officers 24/7.”
“I’m the one with the training and
ability to act appropriately.”
“I have a moral obligation to
protect the innocent.”
“Protection for myself and my
family.”
Are You Ever Really Off-Duty?
More than 16% of Police Officer
murders occur when the officer
is off-duty.
Translation:
No you’re not.
Situational Awareness
Mindset + Observations =
Situational Awareness
"What goes on around you... compares little with what goes on inside you."
- Ralph Waldo Emerson
Mindset
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Are you prepared for what could happen?
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Is your family prepared?
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Do you have a family plan?
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Are you on a firm “legal foundation”?
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Are you on a firm “moral foundation”?
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Are you comfortable with the fact that the only way to overcome
violence is with greater violence?
Be honest…
Mindset
Carrying a gun with you
at all times in a lifestyle
commitment.
Observations
FINISHED FILES ARE
THE RESULT OF MANY
YEARS OF SCIENTIFIC
STUDY COMBINED
WITH THE EXPERIENCE
OF MANY YEARS
FISHING FOR LEADS.
FINISHED FILES ARE
THE RESULT OF MANY
YEARS OF SCIENTIFIC
STUDY COMBINED
WITH THE EXPERIENCE
OF MANY YEARS
FISHING FOR LEADS.
Mindset
Fright
Flight
Fight
Reasons to Carry
Where does crime occur?
On-duty: You respond to emergencies
Off-duty: Emergencies come find you
A.L.E.R.R.T.
Training to Carry Off-Duty
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Regardless of the reason officers carry, they
must become proficient with their concealed
weapon. And….what makes them proficient is
training in all aspects of concealed carry.

How often do your officers train for concealed
carry?
Have you considered…
You might have to dress differently.
Some policies state Officers carrying firearms off-duty
must keep them concealed from the public’s view.
You might have to change daily living habits.
Some policies state Officers are considered always on-duty
for the purposes of discipline.
You might not get to drink when you go out.
Some policies state Officers shall not be intoxicated or
excessively use intoxicants in a public place while off-duty.
Most policies state consumption of alcohol within a certain
# of hours before assigned reporting time is prohibited.
Before the Fight…
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How do you win a fight before it starts?
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Little things now make a huge difference later.
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Training and planning
Less Lethal Options?
Less Lethal Options?
Rules of Engagement
Have your officers considered new
rules of engagement? Being in street
clothing presents a whole new set of
engagement issues particularly related
to your personal safety.
Decision Matrix
Decision Factors:
The “Problem”
Choice of alternatives
# of different alternatives
Aspects of alternatives
Alternative examinations
Decision complexity
Relative similarity
Degree of certainty
Payoff Matrix (consequences)
- False Positive
- False Negative
Severity of consequences
Variability*
Internal Factors:
Experience
Confidence
Cognitive abilities
State of mind
Personality
Experience
Training level
Emotional state
Cultural background
Propensity to take risks
Expectations
Interpretation
Cognitive dissonances
Biases
Estimations
External Factors:
Environmental factors
Time pressure
Decision criteria
- Policy/Law
Industry standards
Culture
“Framing” of the decision
Contextual elements
Social accountability
Technology
*Is it any wonder why people sometimes make a different decision than they
previously did given seemingly identical situations?
Off-Duty Decisions…
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Need to be made before they happen
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Need to be trained on before they happen
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Need to be thought about (in detail) before they occur
If an incident occurs and you feel like it’s
the first time you’ve experienced it… then
you’ve failed ___________________!
(yourself, your family, your spouse)
Blue-on-Blue
(Compiled by Advanced Law Enforcement Rapid
Response Training)
Police Officer William H. Torbit Jr.
Baltimore City Police Department
End of Watch: Sunday, Jan. 9, 2011
Age: 33
Tour of Duty: 8 years
Cause of Death: Gunfire
(Accidental)
Weapon Used: Officer's handgun
Suspect Info: Not available
Officer Omar J. Edwards
New York City Police
Department
End of Watch: May 28, 2009
Age: 25
Tour of Duty: 2 years
Cause of Death: Gunfire
(Accidental)
Weapon Used: Handgun
Suspect Info: Not available
Det. Christopher Ridley
Mount Vernon PD
End of Watch: January 25, 2008
Age: 23
Tour of Duty: 1 year
Cause of Death: Gunfire
(Accidental)
Weapon Used: Handgun
Suspect Info: Not available
Special Agent Barry Lee Bush
Federal Bureau of Investigation
End of Watch: April 5, 2007
Age: 52
Tour of Duty: 20 years
Cause of Death: Gunfire
(Accidental)
Incident Location: New Jersey
Weapon Used: Officer's rifle
Deputy Nehemiah Pickens
Harris County Constable's Office
- Precinct 6
End of Watch: July 5, 2005
Age: 33
Tour of Duty: 4 years
Cause of Death: Gunfire
(Accidental)
Weapon Used: Handgun
Suspect Info: Apprehended
Police Officer Geoffrey Breitkopf
Nassau County Police Department
End of Watch: March 12, 2011
Age: 40
Tour of Duty: 12 years
Cause of Death: Gunfire
(Accidental)
Weapon Used: Officer's handgun
Suspect Info: Not available
Blood Lessons:
A first-person account from an officer
involved in a fatal off-duty shooting in a
crowded McDonald’s
Written by a Police Sergeant in California
Blood Lessons
Responsibility to Family vs. Duty to Act
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This is your decision that needs to be made now.
Who will take care of your family if not you?
Can your family think on the move in a violent
encounter?
Priority of Life
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What if your family is not there?
What about other peoples families?
Have you made plans in advance?
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Win the battle before it starts.
What does Blood Lessons Teach Us?
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Where do you sit in restaurants?
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Where do you sit in church?
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How is your situational awareness at the mall or grocery store?
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Are you “zoned out” while stopped at a stop light?
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Do you take the aisle seat on a bus?
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Do you have a weapon for home protection?
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Does your family have a plan for encounter at home and away?
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Do you watch your children every second on the playground?
Planning Ahead
"Winners are those people who make a habit
of doing the things losers are uncomfortable
doing."
--Ed Foreman
Which philosophies apply to you?
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“My mind is made up. If it’s none of my business I’m not
involved.”
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“If I am off-duty and a crime is being committed, I’ll simply call
911 unless someone’s life is in imminent danger.”
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“I, as a trained eyewitness, would be better served in that
capacity?”
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“I’ll weigh the “Risk/Reward” and make a decision based on the
facts as I see them?”
Sometimes this job is
not about being strong
enough to use force.
It’s about being strong
enough not to.
Levels of Off-Duty Intervention
Level 1
Non-Urgent – situation is not yet critical
Level 2
Significant – higher threat level
Level 3
Serious/Critical – a public emergency
Off-Duty Intervention?
Level 1
Non-Urgent – situation is not yet critical
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Do not inject yourself into the situation
Call 911
Continue to monitor the incident and
gather relevant information until on-duty
officers respond
Don’t take official action
Level 2
Significant – higher urgency level
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On-duty police may need assistance
Off-duty officer can inject himself/herself
into the incident without creating additional
safety risks
The decision is up to the officer to weigh
Risk/Reward
Level 2
Level 3
Serious/Critical – emergency
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A situation in which law enforcement
intervention is required to prevent
someone from being seriously injured or
killed
An off-duty intervention would be the
ethical and moral thing to do
This is why officers should carry off-duty
Level 3
Concealed Carry
Realize “what” and “how” you decide to
carry will influence the effectiveness of your
intervention.
Example: a compact .22 in your pocket vs.
your duty weapon in a serpa holster.
Concealed Carry
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Does the gun fit comfortably and aim
naturally?
Can you manage the recoil for quick,
accurate, multiple shots? (Combat
Shooting)
Extra magazines vs. high capacity
Stopping Power - .45 vs. .22
100% reliability (non-negotiable!)
Concealed Carry
All concealment holsters should:
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Be selected carefully to fit specific weapon, draw,
and body type
Hold weapon securely in place
Be secured on body or clothing
Allow for one-hand draw and re-holstering
Be comfortable to wear (if it’s not comfortable you
won’t wear it)
Be reliable
Placement of weapon is vital
“You can’t take a shower
without getting wet…”
If you carry off-duty you must consider other items related to
enforcement:
Firearms Training for
Off-Duty Encounters
Precision vs. Accuracy
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Realize the difference between precision and accuracy and
train accordingly.
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There is no target scoring in a gun battle. Put lead in flesh fast.
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Target acquisition will often be that small area of opportunity
which presents itself.
Combat Shooting
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There is no standard number of rounds to be fired in a gun
battle.
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Put as many rounds into your adversary as required to stop
the threat.
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95% of an officer’s departmental firearms training will consist
of standing static on a line and firing shots at a stationary
target. A gunfight will be the exact opposite: 95% of the shots
will be taken on the move at a moving target. Train
accordingly.
Training With a Purpose
The goal is to integrate the psychological with the physical
tactical training. This adds a dimension that is often
overlooked, but necessary to achieve maximal performance
excellence.
"…experience shows that up to 90% of successful performance is
attributed to psychological skills. Rarely is that number reported
to be less than 40%. This comes from talking to military
personnel, police officers, including SWAT tactical team members,
and other emergency responders who engage in life and death
situations."
- Dr. Michael J. Asken
Post Encounter
After You Win the Encounter
S.P.A.
S.P.A.
Sterilize the Area
•
•
Separate any weapons from the suspect(s)
•
Hold cover on the suspect(s)
Scan the area for additional/secondary threats
•
Reload
•
Secure the threat(s) if safe and possible
S.P.A.
Prep the Area
Identify yourself to people on-scene
•
Tell someone to contact 911 operators
•
Start preparing the scene for responding officers
Take control and command of the area (you’ve been trained,
others have not)
•
Enlist others to help
•
•
S.P.A.
Assist
Begin providing medical attention to victims/self
•
Consider the Priority of Life:
1.
Innocent people
2.
Law Enforcement
3.
Suspects
Help calm people who are panicking (they could complicate
an already intense, violent incident)
•
•
Uniformed Response
Make sure the 911 operator knows an armed off-duty police
officer is on-scene and give a description.
Task a civilian to meet with responding officers. He/she should
describe you and ID you as an officer.
Uniforms trump your rank and/or position. Don’t take it
personal! You’d do the same thing.
Uniformed Response
Leave ego and pride out of it.
Listen to and follow all commands from uniformed officers.
Freeze means freeze, if you turn to ID yourself, expect to get shot.
Drop it means drop it, any other action might get you shot.
If safe to do so, re-holster before uniformed officers arrive.

Be mentally prepared to be searched, handcuffed and even be put in
the back of a patrol car depending on the circumstances.
Interpretations
vary based on
context,
perception,
individual
experiences and
opinion.
Uniformed Response
In 80% of off-duty confrontations
with uniformed responders, the
decision by the off-duty officer to
remain motionless was seen as the
key action to defusing the incident.
- Findings from the Police-on-Police Shootings Task Force, 2009
Home Protection
Home Protection
Install secure doors and windows A door is the most likely entry
point that an intruder will use, so keep your doors locked whether
you’re home or away. Solid wood doors or metal-clad doors are
effective. Don’t buy windows that can be manipulated from outside
and adjust them so that they can only open 6-8 inches.
Upgrade your locks Grade 1 or Grade 2 deadbolts, accompanied by
heavy-duty brass strike plates, should keep doors from being
kicked in.
Plant bushes and shrubs near windows Using plants as landscape
and decoration in a relatively new idea (roughly 80 years old).
Roses and other thorny plants used to be planted near windows to
keep people from entering or looking through those entry points.
Home Protection
Secure the perimeter of your home Install motion sensor lights all
around your home. Fences can be climbed, but having one might be
enough to make an intruder choose a different home. Keep
shrubbery trimmed to reduce the number of hiding places on your
lawn (but keep the shrubs).
Install an alarm The louder the better with an alarm. Even if you
don’t have a full-fledged security system in place, the noise itself
could scare away an intruder. Post stickers and/or a sign regarding
your alarm near the entrances. Make sure your children know how
important it is to keep alarm codes confidential.
Secure breach points Take a walk around your home – inside and
out – and look for areas where someone could enter without much
trouble. If there is a seldom-used door to the outside, install a bolt
or barricade on the inside.
Home Protection
Know the neighborhood watch group If one is not already in
place, you may have to take the lead here. Neighbors watching out
for neighbors can be an effective deterrent against burglaries.
Have a dog Dogs can be trained in defense, or at least to bark when
they hear a noise outside. If you can’t have a dog, you can still post
a “Beware of Dog” sign in your yard. K9s can be trained for
personal protection as well.
Don’t make it obvious you’re away When you’re out of town,
lights on automatic timers are very effective. Make sure newspapers
aren’t delivered while you’re gone, and try to keep a car in your
driveway. A trusted neighbor is important to have while you’re
away.
Home Protection
Have a family emergency plan Every family member should
know exactly what to do, in advance, if an intruder enters the
house during the day or the night. Getting out of the house
quickly is best, but if that’s not possible, a previously designated
“safe room” is where they should head. Always keep a flashlight
and a cell phone by your bed and don’t sleep in something you
wouldn’t go outside in.
Light, Light, Light It will always be a home’s first layer of
protection.
Get a good home defense weapon Opinions vary but a good
shotgun is the universal consensus. Keep a handgun near your
bed, but remember it should only be used to fight your way to
your best home defense weapon.
Home Defense Shotgun
Questions?