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A law enforcement look into
the arrest of Eric Garner
This is one law enforcements officer’s
interpretation of the events leading to
the arrest of Mr. Eric Garner.
Facts that could be cited, were.
Opinions, were not
PBA president Patrick J. Lynch said:
“Videotapes never present all of the facts in a situation. They
never capture the criminal act or offense that brings police
action to the scene. They present an isolated period of a
police interaction but never the entire scenario. That’s why it
is necessary when video tapes surface to have a complete
review of the facts in every case before arriving at any
conclusion.”
Force Continuum Example
The Use-of-Force Continuum
Most law enforcement agencies have policies that guide
their use of force. These policies describe a escalating
series of actions an officer may take to resolve a
situation. This continuum generally has many levels, and
officers are instructed to respond with a level of force
appropriate to the situation at hand, acknowledging that
the officer may move from one part of the continuum to
another in a matter of seconds.
http://www.nij.gov/topics/law-enforcement/officer-
safety/use-of-force/Pages/continuum.aspx
Level 1
Officer’s
Mere Presence
Officer Presence — No force is
used. Considered the best way to
resolve a situation.
http://www.nij.gov/topics/law-enforcement/officer-safety/use-of-
force/Pages/continuum.aspx
Level 1
Officer’s
Mere Presence
Level 1
Officer’s
Mere Presence
Both Police Officers speak to Mr. Garner with
shields hanging from a chain around their
necks. Additionally, at least one firearm is
visible, along with one pair of handcuffs.
Level 2
Verbal Commands,
Touch
Verbalization- Officers may
increase their volume and shorten
commands in an attempt to gain
compliance.
http://www.nij.gov/topics/law-enforcement/officer-safety/use-of-
force/Pages/continuum.aspx
Level 2
Verbal Commands,
Touch
After being told he is
under arrest Mr. Garner’s
posture changes rapidly.
Shoulders rolled forward, chin
down, feet shoulder-width
apart, hands down at his side.
Level 2
Verbal Commands,
Touch
After being told he is
under arrest Mr. Garner’s
posture changes rapidly.
Hands and chin slightly raised,
and lips pursed.
Note the excessive perspiration stain on Mr. Garner’s chest.
An indication his health may already be deteriorating
from the fight he allegedly just broke up.
Level 2
Verbal Commands,
Touch
After being told he is
under arrest Mr. Garner’s
posture changes rapidly.
Hands on hips in defiance and
verbally states “I’m tired of it,
it stops today.”
Note the excessive perspiration stain on Mr. Garner’s chest.
An indication his health may already be deteriorating
From the fight he just broke up.
Level 3
Pain Compliance,
Take downs
Officers use grabs, holds and joint locks
to restrain an individual.
http://www.nij.gov/topics/law-enforcement/officer-safety/use-of-
force/Pages/continuum.aspx
Officers use punches and kicks to restrain
an individual.
Level 3
Pain Compliance,
Take Downs
Wrist grab could have been developed into
an arm bar to gain compliance but Mr.
Garner was able to pull away from the
officers grip.
Cuff control: applying a handcuff in
such a way that leverage is gained
with minimal pain to the perpetrator.
Mr. Garner prevented the application
of handcuffs when he actively resisted.
Level 3
Pain Compliance,
Take Downs
After pulling away from the first officer,
the second officer attempts to place Mr. Garner
in a wrist lock. At the same time the first officer
abandons his attempts to gain control of Mr. Garner’s
arms and attempts to gain leverage of his upper body.
Level 3
Pain Compliance,
Take Downs
Notice the further officer has his right arm
under Mr. Garner’s armpit and his left wrist
is barley able to make it around Mr. Garner’s
neck.
Rather than striking Mr. Garner, the officer
opted to use Mr. Garner’s weight against
him. Grabbing him up high and leveraging
his weight to bring him to the ground.
Level 3
Pain Compliance,
Take Downs
As Mr. Garner actively resists arrest, the officer
maintains control of Mr. Garner’s upper body.
Notice the officer’s elbow is even with Mr.
Garner’s left shoulder.
Mr. Garner’s center of gravity has shifted. His own
weight, and the officer’s tactical application of
leverage has enabled the officer to take down
a man almost double his size.
Level 3
Pain Compliance,
Take Downs
The officer rides Mr. Garner to the ground all
the while maintaining control of his upper
body. Notice the “V” formed by the inside of
the officers left elbow is visible and inches
away from Mr. Garner’s neck.
Other officer’s assist in attempting to place
Mr. Garner in handcuffs again.
Level 3
Pain Compliance,
Take Downs
Additional officer arrive to assist as Mr. Garner
continues to resist. The officer wearing 99
continues to maintain control of Mr. Garner’s
upper body, as he had since the beginning of
this incident.
The officer is not rubbing or “mushing” Mr. Garner’s
face, he is maintaining control of his upper body.
Just as this officer is using his hands to control
99’s body.
Level 3
Pain Compliance,
Take Downs
The officer never knees Mr. Garner in the face,
nor does he place his knee on Mr. Garner’s neck
Level 3
Pain Compliance,
Take Downs
After Mr. Garner is placed in handcuffs and
searched for weapons, he is rolled to his side
to prevent positional asphyxiation.
Yelling I can’t breath isn’t a “Safe word”
If the police automatically let go every time
someone said I can’t breath, what would happen?
Fact
The officers explained to Mr. Garner he was being placed under arrest
Mr. Garner acknowledged he was dealing with Police Officers and made
it clear he was not going to jail
The officers dedicated at least 5 minutes to art of verbal judo in an attempt
diffuse the situation.
Mr. Garner passively, then actively resisted
Once sirens are heard in the background and help is nearby, the
officers move in to effect the arrest
Fact
Two arm bars/wrist locks were attempted
Cuff control techniques failed
Leverage was gained by controlling Mr. Garner’s upper body
The officer wearing number 99 was able to use Mr. Garner’s weight against him,
shifting his center of balance, and riding him to the ground
The initial placement of the officers hands and arms were around Mr. Garner’s
armpit and to the left side of his neck
After getting Mr. Garner to the ground the officer continues to maintain control
Mr. Garner’s upper body until he is secured
Fact
The Police didn’t prevent this incident from being filmed
Civilians do not get to choose if and when they go
to jail
Mr. Garner’s actions dictated to amount of
force that was used against him

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One LEO's Opinion On Garner's Arrest

  • 1. A law enforcement look into the arrest of Eric Garner This is one law enforcements officer’s interpretation of the events leading to the arrest of Mr. Eric Garner. Facts that could be cited, were. Opinions, were not PBA president Patrick J. Lynch said: “Videotapes never present all of the facts in a situation. They never capture the criminal act or offense that brings police action to the scene. They present an isolated period of a police interaction but never the entire scenario. That’s why it is necessary when video tapes surface to have a complete review of the facts in every case before arriving at any conclusion.”
  • 3. The Use-of-Force Continuum Most law enforcement agencies have policies that guide their use of force. These policies describe a escalating series of actions an officer may take to resolve a situation. This continuum generally has many levels, and officers are instructed to respond with a level of force appropriate to the situation at hand, acknowledging that the officer may move from one part of the continuum to another in a matter of seconds. http://www.nij.gov/topics/law-enforcement/officer- safety/use-of-force/Pages/continuum.aspx
  • 4. Level 1 Officer’s Mere Presence Officer Presence — No force is used. Considered the best way to resolve a situation. http://www.nij.gov/topics/law-enforcement/officer-safety/use-of- force/Pages/continuum.aspx
  • 6. Level 1 Officer’s Mere Presence Both Police Officers speak to Mr. Garner with shields hanging from a chain around their necks. Additionally, at least one firearm is visible, along with one pair of handcuffs.
  • 7. Level 2 Verbal Commands, Touch Verbalization- Officers may increase their volume and shorten commands in an attempt to gain compliance. http://www.nij.gov/topics/law-enforcement/officer-safety/use-of- force/Pages/continuum.aspx
  • 8. Level 2 Verbal Commands, Touch After being told he is under arrest Mr. Garner’s posture changes rapidly. Shoulders rolled forward, chin down, feet shoulder-width apart, hands down at his side.
  • 9. Level 2 Verbal Commands, Touch After being told he is under arrest Mr. Garner’s posture changes rapidly. Hands and chin slightly raised, and lips pursed. Note the excessive perspiration stain on Mr. Garner’s chest. An indication his health may already be deteriorating from the fight he allegedly just broke up.
  • 10. Level 2 Verbal Commands, Touch After being told he is under arrest Mr. Garner’s posture changes rapidly. Hands on hips in defiance and verbally states “I’m tired of it, it stops today.” Note the excessive perspiration stain on Mr. Garner’s chest. An indication his health may already be deteriorating From the fight he just broke up.
  • 11. Level 3 Pain Compliance, Take downs Officers use grabs, holds and joint locks to restrain an individual. http://www.nij.gov/topics/law-enforcement/officer-safety/use-of- force/Pages/continuum.aspx Officers use punches and kicks to restrain an individual.
  • 12. Level 3 Pain Compliance, Take Downs Wrist grab could have been developed into an arm bar to gain compliance but Mr. Garner was able to pull away from the officers grip. Cuff control: applying a handcuff in such a way that leverage is gained with minimal pain to the perpetrator. Mr. Garner prevented the application of handcuffs when he actively resisted.
  • 13. Level 3 Pain Compliance, Take Downs After pulling away from the first officer, the second officer attempts to place Mr. Garner in a wrist lock. At the same time the first officer abandons his attempts to gain control of Mr. Garner’s arms and attempts to gain leverage of his upper body.
  • 14. Level 3 Pain Compliance, Take Downs Notice the further officer has his right arm under Mr. Garner’s armpit and his left wrist is barley able to make it around Mr. Garner’s neck. Rather than striking Mr. Garner, the officer opted to use Mr. Garner’s weight against him. Grabbing him up high and leveraging his weight to bring him to the ground.
  • 15. Level 3 Pain Compliance, Take Downs As Mr. Garner actively resists arrest, the officer maintains control of Mr. Garner’s upper body. Notice the officer’s elbow is even with Mr. Garner’s left shoulder. Mr. Garner’s center of gravity has shifted. His own weight, and the officer’s tactical application of leverage has enabled the officer to take down a man almost double his size.
  • 16. Level 3 Pain Compliance, Take Downs The officer rides Mr. Garner to the ground all the while maintaining control of his upper body. Notice the “V” formed by the inside of the officers left elbow is visible and inches away from Mr. Garner’s neck. Other officer’s assist in attempting to place Mr. Garner in handcuffs again.
  • 17. Level 3 Pain Compliance, Take Downs Additional officer arrive to assist as Mr. Garner continues to resist. The officer wearing 99 continues to maintain control of Mr. Garner’s upper body, as he had since the beginning of this incident. The officer is not rubbing or “mushing” Mr. Garner’s face, he is maintaining control of his upper body. Just as this officer is using his hands to control 99’s body.
  • 18. Level 3 Pain Compliance, Take Downs The officer never knees Mr. Garner in the face, nor does he place his knee on Mr. Garner’s neck
  • 19. Level 3 Pain Compliance, Take Downs After Mr. Garner is placed in handcuffs and searched for weapons, he is rolled to his side to prevent positional asphyxiation. Yelling I can’t breath isn’t a “Safe word” If the police automatically let go every time someone said I can’t breath, what would happen?
  • 20. Fact The officers explained to Mr. Garner he was being placed under arrest Mr. Garner acknowledged he was dealing with Police Officers and made it clear he was not going to jail The officers dedicated at least 5 minutes to art of verbal judo in an attempt diffuse the situation. Mr. Garner passively, then actively resisted Once sirens are heard in the background and help is nearby, the officers move in to effect the arrest
  • 21. Fact Two arm bars/wrist locks were attempted Cuff control techniques failed Leverage was gained by controlling Mr. Garner’s upper body The officer wearing number 99 was able to use Mr. Garner’s weight against him, shifting his center of balance, and riding him to the ground The initial placement of the officers hands and arms were around Mr. Garner’s armpit and to the left side of his neck After getting Mr. Garner to the ground the officer continues to maintain control Mr. Garner’s upper body until he is secured
  • 22. Fact The Police didn’t prevent this incident from being filmed Civilians do not get to choose if and when they go to jail Mr. Garner’s actions dictated to amount of force that was used against him