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5. If an individual is simply not responding to officers, it does not immediately mean force should or can be applied. There are many individuals who may lack the ability to hear or have an injury that contributes to their inability to respond to officers. Additionally, individuals going through a mental health crisis may have lost the ability to communicate.
1. Responding peace officers should, as soon as possible, conduct a threat assessment of the event so as not to promote an unnecessary, unreasonable, or disproportionate use of force by placing themselves or others in undue jeopardy. This step is the starting point and is based on information relayed to and from dispatchers. Gathering further intelligence should be an ongoing process, as police calls are often dynamic.
The Calgary Police Service has deployed drones 96 times this year as of Nov. 30. That's the same as all of last year but nearly double what CPS deployed in 2021, according to police data.
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2. Responding officers need to consider if the matter is police-related with statutory considerations or if it is a civil matter, and what other departments or personnel may need to be involved. It is also paramount that officers pay close attention to department policies related to handling certain calls for service, relevant state statutes, constitutional considerations and use-of-force policies, as well as agency de-escalation expectations.
"In all cases, [drone] pilots are adhering to the Canadian Aviation Regulations and Canadian Charter of Rights and Freedoms. The safety and privacy of the public is our top priority," CPS wrote in a statement.
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"You're not allowed to look into somebody's house. The problem with the drone is, you can look into their backyard, maybe you can look through their windows," Keenan said.
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By asking these crucial questions, officers will have a better idea about the nature of the call, response needs and the possible pooling of additional resources.
3. Using communication to gain voluntary compliance should be the goal. This voluntary compliance may be obtained by verbal persuasion and giving clear instructions. Individuals cannot be expected to comply with officers if they are being bombarded by numerous officers giving conflicting commands. Warnings given as a threat of force against an individual are not considered part of de-escalation and should be avoided.
Peace officers must also be aware that physical noncompliance does not automatically mean resistance. While taking in the totality of the circumstances, officers should attempt to determine if an individual has physical limitations that may be affecting their ability to comply. Physical limitations could be an inability to speak, hear, walk, or even move limbs. Awareness on scene may help eliminate confusion that can lead to unnecessary force being applied.
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The use of drones by police services across Canada is increasingly viewed as a method to gain a top-down perspective on investigations. But there are many who worry about the privacy implications of using such a technology, concerns the police force says it is aware of.
CPS says it plans to add a drone co-ordinator role sometime in 2024. That person will be expected to maintain existing programs and integrate new ones.
James Ross is a detective with the Blaine Police Department in Blaine, Minnesota and is currently assigned to the Special Operations Division. Detective Ross is a proud United States Marine Corps combat veteran with almost two decades of law enforcement experience. In addition to his duties as a detective, he is currently a use of force and firearms instructor, a less lethal impact munitions instructor, a grenadier instructor and an armorer for all of his agency’s platforms. Detective Ross deployed as a grenadier to Minneapolis, the Minnesota State Capital, as well as Brooklyn Center, Minnesota, during the civil unrest in 2020 and 2021 as part of the City of Blaine’s Mobile Field Force response to assist other local agencies during those times. Detective Ross has a B.A. in Criminal Justice from St. Cloud State University and an M.A. in Criminal Justice Leadership from Concordia University, St. Paul.
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"The primary issues have to do with transparency. Are people notifying people that they are using drones at the outset, before folks come out to a demonstration?" Konikoff said.
He said it's "certainly legitimate" that most of the flights are for traffic incidents. If a car was about to explode, for instance, one wouldn't want officers to be in danger. Plus, drones are able to capture images from traffic incidents that wouldn't be accessible otherwise.
The term “de-escalation” refers to a wide range of strategies and tactics. The goal of de-escalation is to reduce the likelihood of needing force or the amount of force required to resolve a potentially volatile situation. The following checklist of de-escalation tactics and best practices can be applied to a variety of calls.
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"Are they providing people the opportunity to meaningfully participate, as in, you know that there will be drone surveillance at one of these events?"
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The topic has gained attention in recent years due to multiple high-profile events that involved great bodily harm or the use of deadly force. These events have reinforced the views of some who see peace officers as heavy-handed, unreasonable and lacking empathy. Training in, exposure to and participation in active de-escalation can help dispel this and has numerous other benefits for officers, agencies and citizens.
He cited the U.S. Supreme Court case of Kyllo v. United States. It involved federal agents using a thermal imaging device outside the home of Oregon resident Danny Lee Kyllo, whom they suspected of growing marijuana. That was deemed to be an invasion of Kyllo's privacy under the Fourth Amendment.
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"Advances in technology will allow the CPS to conduct collision scene and crime scene investigations more efficiently and make first response and tactical operations safer for the public and our members," CPS wrote.
Drones are expect to serve as a complement to the existing police helicopters, according to CPS. The police service uses DJI Mavic platforms for its operations.
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7. Another important factor to consider is an officer’s emotional intelligence. Officers who successfully manage their emotions and retain social skills will better be able to use de-escalation as a viable tactic. Peace officers must also be able to show empathy, which is the ability to consider other people’s feelings, especially when making decisions if they are genuinely attempting to use de-escalation.
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Officers should be aware they may be held responsible under the premise of state-created danger. State-created danger is a legal doctrine where officers can be held liable for injuries or deaths that occur because of a danger they created.
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By attempting de-escalation tactics when viable, peace officers may significantly reduce the need for the use of force. Law enforcement needs a concentrated effort where the focus on de-escalation is paramount.
Tom Keenan, a professor in the School of Architecture, Planning and Landscape at the University of Calgary and author of Technocreep, The Surrender of Privacy and the Capitalization of Intimacy, took a look at the numbers provided by CPS.
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Responding officers should also seek information from others, including dispatchers, supervisors and other officers, as well as agency computer networks that may contain valuable information related to persons, addresses, or previous calls for service.
There's a question of accountability, here. Who is keeping the drone footage, and who is checking to see what the drone was used for? Keenan said police forces are still struggling with those questions.
There's also the possibility that one may not even be able to make a decision regarding whether they'd like to participate in such an event but not be observed by drone technology.
"But I worry about the category called 'tactical,' because maybe that's flying over protests. Maybe you're identifying people in the protests, or documenting things. And no camera angle is perfect," he said.
When it comes to police and surveillance technology, Keenan, the author of Technocreep, said we need to have a much more evolved view of the landscape.
Use-of-force encounters involving great bodily harm or death have attracted widespread criticism of peace officer conduct. In the wake of that criticism, more is expected of law enforcement agencies and individual officers alike. Although use-of-force encounters are statistically rare, more can be done to reduce conflict between peace officers and the communities they serve. New laws and conduct expectations are guiding the way many officers perform their duties. By training on and embracing sound de-escalation tactics, officers will be better able to protect themselves and serve their communities. Society and the law enforcement profession depend on it.
CPS says it first began operating drones in its traffic section in 2015 for collision reconstruction investigations. It expanded their use to its tactical unit in 2020, and uses drones in its digital unit to provide footage for internal training and both internal and external media content.
In the view of the Canadian Civil Liberties Association, it gets concerning when drones are used to monitor large-scale events, like demonstrations or protests, says Daniel Konikoff, interim director of the association's privacy, technology and surveillance program.
4. Treating individuals with equity and dignity to calm agitation and promote rational decision-making will promote de-escalation. Responding officers should avoid using language that is insulting and taunting in nature, which could lead to escalating the situation.
Joel is a reporter/editor with CBC Calgary. In fall 2021, he spent time with CBC's bureau in Lethbridge. He was previously the editor of the Airdrie City View and Rocky View Weekly newspapers. He hails from Swift Current, Sask. Reach him by email at joel.dryden@cbc.ca
Join Policing Matters Podcast host Jim Dudley as he speaks with Dr. Jeff Thompson, a retired NYPD detective and crisis negotiation expert. They delve into the intricate balance of de-escalation, empathy and resilience in crisis situations. Learn about the strategies and mental health practices essential for effective crisis negotiation. Listen to the full podcast.
"It can have this chilling effect, where perhaps we're less comfortable going out in public and demonstrating our points of view under the fear or concern that we are being watched."
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6. Time and distance are proven strategies that aid the officer as well as the involved party during a dynamic event. Additionally, when there are more officers on scene to assist, it is likely less force will be used.