Supplemental Joint Appendix Volume V

    IN THE U N I T E D  STATES C O U R T  OF A P P E A L S  

FO R  TH E  SIXTH C I R C U I T  

NO. 81-5605

C L E A M T E E  GARNER, et al.,

P l a i n t i f f - A p p e l l a n t , 

v s .

M E M P H I S  P O L I C E  D E P A R T M E N T ,  et a l .,

D e f e n d a n t - A p p e l l e e s .

Ap p e a l  from the U n i t e d  States D i s t r i c t  C o u r t  for the 
W e s t e r n  D i s t r i c t  of T e n n e s s e e  

W e s t e r n  D i v i s i o n

S U P P L E M E N T A L  J O I N T  A P P E N D I X  
V O L U M E  V  Pages 1 6 1 4 - 1 8 9 1

J ACK G R E E N B E R G  
J A M E S  M. NABRIT, III 
S T E V E N  L. W I N T E R  

Suite 2030 
10 C o l u m b u s  C i r c l e  
N e w  York, N e w  York 10019

W A L T E R  L. BAILEY, JR.
Suite 901, T e n o k e  B u i l d i n g  
161 J e f f e r s o n  Av e n u e  
M e m p h i s ,  T e n n e s s e e  38103

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C o u n s e l  for P l a i n t i f f - A p p e l l a n t



INDEX

Page

B A L A N C E  O F  P L A I N T I F F S  O F F E R  O F  PROOF,
PT. 14 E X C E R P T S  T R I A L  R E C O R D  IN W I L E Y  V. 
P O L I C E  D E P A R T M E N T  .............................

M E M P H I S
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LT. JOHN A. COLETTA 
Range Officer

W/0 W. B. HART 
ASSISTAfrr RANGE OFFICER

PTLH. L. B. GCCCH 
Departmental A.mo»'er

W/0 R. P. FURR 
Research & Statistics

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CHAPTEP V1J.1 

12 TAIIGE RIOT SHOTGUIl

A. GRIEF HISTORY ANP EXPLANATIOM OF THE SHOTGUH.i

1. The modern shotqun used by police agencies today is the latest 

development of the historical fowling piece of colonial days 

and the blunderbuss of the puritans. The introduction of the 

shotgun to law enforcement occurred during the early days of the 

western peace officer and the Hells Fargo stage coach guard.

The superiority of this multi-projectile vjeapon was readily 

recognized by these men whose duties were to enforce'tlic law 

and protect life and property in an armed and lawless society. 

The sliOtgun provided them with the extra fire power needed and 

insured a higher degree of hit potential in combat situations.

2. The up-to-date version or off-spring of these older historic 

weapons is the police shotgun, cormonly known in the police 

service as the "riot' gun. Like its ancestors, the riot gun 

is a smooth bore weapon, meaning the barrel does not contain 

lands or grooves v/hich are found in rifle and pistol barrels. 

Tlie weapon derives its name from the type of projectiles or 

"shot" which are fired from it. These projectiles are offered 

by ammunition manufacturers in various sizes ranging from one 

single pellet, (called a rifled slug) .72 caliber in size, to 

a very fine pellet containing over twenty-four hundred (2400) 

minute separate lead particles.

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Our Depnrtrient is currently arr.ed v;ith the ncr'.ineton, ‘-’odel 073 

p.iot Shotgun, which is equipped with a twenty (20) inch barrel and 

bead type front sights. This firearm is a multipurpose weapon provid­

ing the police officer with a short range "rifle" of excellent shocking 

power when the rifled slug is used and a multi-shot weapon capable 

of tiirowing a normal shot pattern v/hen buckshot is f'led. The modern 

police shotgun may also be employed to project tear gas and grenades 

with a fair degree of accuracy.

The shotgun is considered by metropolitan police firearms ex­

perts as the ultimate and most versatile of weapons in the police 

arsenal. Its "triple threat" characteristics - that of a rifle, 

multi-shot weapon and tear gas projector is not available in other 

weapons. Contrary to popular belief, the shotgun is a highly accurate 

and safe weapon for use in police actions, particularly in urban 

areas such as our department policies. It fires short range, medium 

velocity, soft lead projectiles, which minimizes the distance traveled, 

richochet potential and penetration.

Many people, police officers included, are under the false impression 

that shotgun projectiles come out of the muzzle in a spray witliout 

direction. Shot dispersal may be best explained visually by using a 

large sheet of wrapping paper rolled up into a tight cone and placed 

in the diameter of the cone. However, it must be remembered tliat 

pellets fired from a shotgun v/ill cluster together as they leave the 

muzzle and will not start to separate to any great degree until the 

shot charne is about three (3) to five (5) feet from the m:uzzle. At

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the point of separation, tlie pellets v.’ill begin their cone type 

fligiit, extending in area as the distance fron the ri'jzzle becomes 

greater. Police officers who have occasion to use different size 

shot charges may be guided by a general rule of thumb in evaluating 

.shot dispersal area and effective range - "the smaller the shot size, 

the greater dispersal and less effective range".

SHOTGUN AMMUNITION

The use of the rifled slug by police agencies is a fairly recent 

innovation, but shot type shells have been used in law enforcement 

for a great many years. Tlie most common size shells used by these 

agencies are the rifled slug and 00 buck shot.

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D. The rifled slug is a single lead pellet of approximately .72 caliber 

which means it is nearly twice the diameter of our service bullet.

The projectile is so named because it has si-iulated rifle lands and 

groove marks on its base. It leaves the muzzle at IGOO feet per 

second, nearly tv/ice the speed of our target load. The average marks­

man shooting from seventy-five (75) yards, using our issue weapon, 

can keep all hits within a ten (10) inch circle. At fifty (50) 

yards all slugs shot can be confined to a six (G) inch group. Uliile 

this is not considered pin point rifle accuracy by any stretch of 

the imagination, it is sufficiently accurate for police needs in urban 

areas and far superior to the average marksman's capabilities with a 

pistol.

1. The rifle slug projectile has tremendous power, yet it is about 

the safest type of police "rifle" to use in densely populated 

areas. Its initial penetrating ability is good, and at 100 feet

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Trie slug will penetrate a rr.etal apartncnt house type door, 

autcr.iouilc door, rear trunk door and seat of an auton-obile, 

plastered interior vralls, and v/ill smash tiie hinges and Incko 

off a nctal apartment door with three (3) v;ell placed shots.

Yet after the initial hit, the rifled slug quickly loses its 

penetrating ability. This much desired characteristic results 

from the construction of the slug design. The soft alloy, 

hollow base projectile distorts or flattens out readily after 

initial penetration. Such distortion causes resistance to 

further fliglit and penetration. The large size projectile 

driven at a medium speed also continues to its lack of deep 

penetration.

1, The most common size shot used for general police duty is 30 

buckshot. This shotchell contains nine (9) lead balls, each 

approximately .33 caliber in size. When used as an anti­

personnel v/eapon the shotgun 'with CO buckshot is a sure hitter 

and an effective man stopper compared witli other police firearms. 

At close ranges no other police arm matches its shocking power.

The shotgun has a distinct advantage over other v.'capons -- it 

need only be pointed and not be precisely aimed. In police 

.• situations, such as a rapidly moving target, or when there is 

no time to sight, nor sufficient lighting to sigiit properly, 

the shotgun with its high shocking potential , shows its super­

iority. Its fire power when fully loaded compares favorably 

with five .32 caliber revolvers.

3. At close range (25) feet the shot charge of 00 buchshot will

smash through the side of a car door and penetrate a silnouette

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insi''’9 tiiR car. I* will penetrate a "letai a,.arui'eiu. i.o .jj. j '-., 1_

ilncr. It . . i l l  also jcnetrate t'lc rear true;. .Inor of aa ..uto. e..i l e ,

"t six (b) foet tiio sact charge can tear a loch off a ;ifiavy

apartment iiotise steel door, and '.’ita t’./o more '.011 ; lac:;d s.'in̂,s

at t!ie same distance carry av;ay tae ainnes and t.ie doer itseli./
‘.dien using X  buckshot as mentioned before, the shot aattorn 

(spread of pellets) becomes nreatc'" as the distance from tl'O 

target increases, -.'ith X  buckshot, all pellets will rc'iain 

a four inch, circle vjlien tac weapon is rirO': from seven ,/..rds.

■tt 13 vards tiie pattern extends to all Si'iot wita.ip. a ten (1‘; 

inca circle -  at twenty-five (2b) yards, all saot remains ..it,,in 

a fifteen (13) inch group, an.d at forty y.ards(t,'ie max’.nun 

effective range) ’eight, of tiic nine pellets will i)C confines in 

a thirty (30) inch circle.

F. kiJCnLOTFr: 'J3t3 CF the SliCTF.Uh

T:ie shetoun, lil:e the sub-macliin.e gun, has a d i s t i n c t  psyciiologice i 

e f fec t  on persons w!;o believe i t  may be used a^iainst L.ien. Toe 

nuzzle of tb.is weapon \<hen viei/cd in tlie 'lands of a police o f f ice r  

resembles the entrance to tiie (iolland Tunnel. Tin's psycnolcnical 

e f fec t  can be used in many instances to great  advantaee wit:,out 

need for tiie actual f i r ing  of the i.’capon. ‘‘any peo’ple ,  nunters , 

sportsixen, forrser i i i l i t a r y  personnel as '-.'cll a s ,  i . . ' .  and movie 

vie.;ers of western shows are ai/.ire of tl.e encompassing and devaoua„- 

inr e f fe c t  of a snetgun b la s t .  The use of th is  weapon as a 'bn fie '  . 

a mult i-shot weapon and a tear gas projector  may be ns-ed in a. variety 

of |)olice s i tua t ions :

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Riot Control

Seiges of uarricaded Criminals 

Stake-outs, whore armed felons are awaited 

Gurading of Political Dignitaries 

Guarding 'iaterial v/ittnesses'

Road Blocks

Guarding Bank Transfers, Art treasurosliipment, etc.

Security of vital installations.

General police duties where needed

It is true that shotgun projectiles use their energy up quite quickly, 

but it must be remembered that they have considerable range. To make 

some type of understandable comparison as to maximum ranee of flight 

(with nun held up at a 30 degree angle of fire) beti/een shotgun project­

iles and other commonly known bullets the following list is submitted:

CALIBER 

30.06 Springfield 

.30 Special (158 gr, service) 

.22 Long Rifle 

12 gauge, rifled slug 

12 gauge, CO buckshot 

12 gauge, t̂4 buckshot 

12 gauge, #8 shot

'lAXinUM RANGE OF PROJECTILES 

4,500 yards 

1 ,800 yards 

1 ,500 yards 

SCO yards 

600 yards 

500 yards 

200 yards

While these maximum ranges are not effective operating ranges, it is possible 

for a person to be struck with a projectile at these extreme distances. Whether 

such person would be seriously injured at such range is a matter of_supposition.

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F. - Use of shotgun by :nernber of the force requires utrost discipline 

in tiieir care and er-plojcrent. Its use nmst always be considered a 

deadly force and as such may be employed ONLY v.'hen necessary and 

justifiable in:

1. Defense of one's life or the life of another.

2. Preventing a felony or retaking an escaping felo'’. '.«hile tiie 

slintgun may be used in demonstrating a show of force, it si'.ould 

never be fired tactically as a "scare" vveapon. The firing of 

light loads (bird shot) into disorderly groups with the intention 

of dispersing the participants is not reconnended. bird siiot 

fired at close range (7 yards) is as deadly and will kill as 

quickly as CO buckshot. At forty yards it will penetrate the 

skin, and may deliver a mortal wound if the eye is struck or

a pellet enters the nasal or ear openings. Shotguns are tl'.e 

ultimate force in the police arsenal and the final stage in tne 

escallation of the use of force in police actions. Therefore, 

tile use of those firearms should be limited as a final action 

after all other means have been exhausted, and no other alter­

native is available to tlie police.

0. '’ETHOD FOR VISUAL lilSPECTION ANO OFEP.ATIOil CHECK OF TiiE POLICE SfiCThUN 

1. VISUAL AND OPERATION CHECK

Each officer should be familiar with the proper metliod of field 

stripping the Remington, model 370 shotgun as v;ell as, applying 

a visual clieck to make certain it is in operable condition.

To make proper visual check, one must start with an open 

action and t!ie safety on. .First make sure the safety is nn 

(pushed tov.'ard the loading and ejection part side) tiien push r . ) |

the fore end to the rear, l.'.hen tlic shotgun is cocked it will





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DEPARTMENT OF POLICE 

CITY OF MEMPPIIS, TENNESSEE

Dedicated To Better Law Eiiforccmcnt

1 9 6 1

- Henry Loeb, III -

Mayor and Commissioner of Administration and Health 

■ - Claude A. Armour -

Vice - Mayor and Commissioner of Fire and Police

- John T. Dwyer - 

Commissioner of Public Seiwice

- James W. Moore -

Commissioner of Finance and Institutions

- William W. Farris - 

Commissioner of Riblic Works

- James C. Macdonald - 

Chief of Police

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; FOREWORD

A police organization is Uie arm of government charged 
with the responsibility of enforcing laws and ordinances passed 
by elected representatives of the people.

Tlie letter of the law determines what a police officer must 
do to discharge the obligation imposed by his oath, but It 
does not encompass all of the ramifications which arise in tlie 
course of putting these written principles into practical ajiplica- 
tion.

Understanding of human behavior and application of 
common sense are fundamental to tire successful attainment 
of police objectives, lliese alone, however, are not sufficient 
to insure the proper handling of eveiy incident. There must 
be standards of quality, rules for procedure, and regulations of 
conduct to serve as guides. Tliese standards, rules and regmla- 
lions are set fortli in this Manual.

Tills Manual and the fOe of General Orders and Civil 
Service Rules and Regulations shall determine tlie manner in 
which members of the Memphis Police Department wUl con­
duct themselves and cany out tlieir sworn obligations. Viola­
tions of provisions of this Manual, the General Order file, 
and the Civil Service Rules & Regulations wUl constitute 
grounds for disciplinary action.

Future revisions or additions will become a part oftliis 
Manual, and will have equal force and effect. Nothing herein 
should be construed or interpreted as superseding tlie Civil 
Service Rules & Regulations.

Claude A. Armour 
Commissioner of Fire & Police

0. .
J. C. Macdonald 

Chief of Police



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4.041 Members of the li artment will not wear identifiable 
parts of uniform clothing with civilian dress at any time,

4.045 Every rnembcr of the Department, when dressed in 
uniform, shall wear tire insignia of his rank.

4.049 Members of the Department shall not wear on their 
uniforms any insignia of a fraternal organization or associa­
tion. Pins or insignia, denoting contribution to charitable 
organizations, may be worn on the uniform for the duration 
of the solicitation campaign. Authorized insignia for service 
or achievement in the Police Division may be worn.

4.053 Every member of the force shall, at all times, carry 
his badge, identification card, and an approved firearm.

4.057 Approved firearms will be a .38 caliber Smith & 
We.sson or Colt Ilevolver of the type that fires .38 Special 
ammunition, nae revolver must not be altered insofar as 
the mechanical function of Uie weapon is concerned.

4.061 Every member shall be proficient in the use of his 
firearm and such other firearms as may be required by the 
Department.

4.065 Members of the force, carrying personal radios 
designed to receive police broadcasts, will so inform their 
superior officers.

4.069 Every member, reporting for duty, shall acquaini 
himself with events that have taken place since the beginning 
of his last tour of duty.

4.073 A member of the Department shall not, under any 
circumstances, be absent from duty without first obtaining 
permission.

4.077 A member of the Department may be granted a leave 
of absence by his commanding officer incases of emergency, 
sickness, or funerals in the family, prior to official approval. 
An application for leave must be executed in every case.

•1.081 Members w' do not understand an official duty 
.shall read written directives authorized by the Chief of 
Police or consult their superior officers.

•1.085 A member of the Department shall, at all times, 
respond promptly and in a safe manner to radio calls. He 
shall, as soon as practicable, notify his unit of action taken 
and make himself available for further service.

•1.089 A member shall keep himself available for service 
daring those times and at those places where his presence 
will have the greatest effect on current crime and traffic con­
ditions.

-1.093 A member shall not knowingly include in any De­
partment record or report a false, inaccurate or misleading 
entry.

-1.097 A member of the Department shall not remove anj' 
(iffieial record or report from any file or take any official 
record from tlie office where it is kept except in Uic per­
formance of his duties, in accordance with due process of 
law, or witlr permission of the officer in charge.

•1.101 A member of the Department shall not file claims f<jr 
damages or make any legal compromise with any person 
without first notifying the Department.

‘1.105 A member of the Department shall not operate any 
police equipment unless he is qualified and authorized to do 
so.

•I. 109 A member shall immediately report to his command- • 
ing officer any arrests or court actions instituted against him.

•1.113 No member of the Department shall intentionally fire 
any weapon except as authorized by law.

■1.117 No member shall use any Department real estate, 
equipment, or vehicle for purely personal business.

•I.r.21 Members of the Department shall be responsible for



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Ihe care of Department proi^ y of every description and 
the prompt reporting of loss, oainage, or defect.

4.125 A member of the Department shall not permit any 
person to remain in a police building or vehicle unless tlie 
person’s presence is requisite to the conduct of official busi­
ness.

4.129 A member of the Department shall operate a Depart­
ment vehicle in such a manner as to avoid injury to persons 
or damage to property. He shall, before use, examine any 
Department vehicle assigned to him, and report unrecorded 
damage or operational defects to his supervisor and make 
necessary reports. Failure to report damage or defect will 
create tlie presumption that no inspection was made. He shall 
park his vehicle in such fashion as to cause tlie least inter- 
feience with traffic flow except when emergency requires 
otherwise.

4.133 Members assigned to operate police vehicles shall be 
responsible for the cleanliness of such vehicles.

4.137 Members of the Department, occupying vehicles or 
conducting a police function with the vehicle under effective 
control, shall keep the radio equipment turned on.

4.141 When hvo or more members of equal rank are simul- 
taneously employed in the same operation, the senior mem­
ber shall be in charge, except when oUierwise ordered.

4.145 Members of the force, entering a place of Divine 
Worship, shall remove the cap and place it neatly under the 
left arm.

4.149 A member of the force, reporting to a superior in his 
office, will maintain a respectful bearing. When desiring an 
audience witli a superior officer other tlian his commanding 
officer, he sliall request permission for the audience from his 
commanding officer.

4.153 Members of tlie force, when required to hand salute.

shall do so, raising the ;ht hand smartly until the tip of 
the forefinger touches Die peak of the cap or forehead above 
and slightly to tlie right of the right eye. The thumb and 
fingers will be extended and joined palms down, tlie upper 
arm horizontal, the forearm inclined at a 45 degree angle, 
with the hand and wrist straight. Salutes will be rendered 
from the position of "attention" at all limes with tlie head and 
body erect, chest lifted and arclied, shoulders squared and 
thrown back.

■J.157 Members of the force carrying or armed with the 
baton wUl first shift it into the left hand or place it under the 
left armpit before saluting.

•1.161 Members of the force in uniform will not recognize 
or address a detective or call attention to his presence unless 
first addressed by him.

•1.165 Commissioned and non-commissioned officers will be 
addressed by tlieir correct title and name at all times.

•1.169 Wfiien tlie National Anthem is played out of doors, 
members of tlie force in uniform will face tlie colors, assume 
the position of "attention" and execute the hand saiute until 
the Antliem is completed. If the music ispiayed indoors, face 
tlie music, and execute Uie hand salute.

•1.173 Upon the approach of the National Colors, members 
of the force will assume tlie position of "attention" and execute 
the hand salute or present arms. Tlie maneuver will be 
executed when the flag is six paces away. Only the colors at 
the head of eacli division of a parade will be saluted.

•1.177 Unless engaged in police duties requiring direct atten­
tion, members of the force will salute the National Colors as 
tlicy pass or when carried into any building or room.

•t. 161 Following are exceptions to rules for saluting:
a. Never salute while in a marching or parade 

formation. 'Die officer in charge will call "atten­
tion" and salute;

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■ -:J' X e M 5niilii5 -■■that’ these skills may take .-nany years
to.^eveioo.'to- a high degree of expertness, the basic 
oousse.ias, -as "its obieotiv.; to introdiice the new 
Police officer'to the f-cndaioentai approaches to be 
used in frequently met situations including: 

Questioning witnesses 
Interrogating suspects and subjects 
Writing
Signing and witnessing written statanients 
Verbal admissions
Importance of physical surroundings 

 ̂Mental attitudes 
Avoiding duress
Mcuntenance of logs and other devices to esrablisr. 
validity and admissibility

W . 35.5(2)15 The Patrol Function:
Techniques of effective patrol are of particular im­
portance to new officers, most of whom are initially 
assigned to patrol in vehicles or on foot.
Typical situations, both routine and emergency, as 
met on patrol duty, are discussed, with appropriate 
action to be taken.
Importance of alertness, good judgment and self control.
Use of personal notebook; communications -with head­
quarters varying patrol routines for effective cover­
age.

110.35.5(2)17 Firearms:
I Because of the serious implications of training re­

lating to the personal safety of police officers and 
civilians and in view of the nature of the liability 
on the municipality for adequate training of police 
officers in the handling and use of firearms, t.nis 
instruction is deemed of utmost importance.
Under qualified instruction each trainee shall be

■ given instruction in such matters as safety rules 
and the use of good judgment in the handling of fire­
arms, fundamentals of shooting in a variety of situ­
ations- and shall be given actual range practice in 
the firing of a service weapon with specific standards 
for qualifying in this part of the course.

1*0.35.5(2)18 Defensive Tactics:
In this part of the course the trainee learns som.e of 
the skills of self defense as a safeguard against 
hazards of physical violence in police work.

■ Taught by the method of deraons-tration and partici­
pation, such ma-tters are included as:

Disarming techniques 
Fundamentals of judo
Use of the baton as a defensive weapons 
Come-along holds, etc.

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 ̂  ̂"3 ;̂ |i-- Corrected March 7, 1957

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80.11(5) Search:
Men- Fingertip search for weapon evidence.
Women- Hand bag, pockets of cuter clothing. A thorough searcn 
will be made by the Matron on arrival at Headquarters. Keep fe­
male prisoners under constant observation and security until this 
search can be made by the Matron.

80.11(6) VJhen Resistance to Arrest Occurs:
The vast majority of persons will submit to an arrest, however, 
some will not. Against those that resist, the law gives an of­
ficer the power, and he is equipped with the devices to effect 
the arrest and restrain them.
The law, however, does not expect nor will it tolerate the abuse 
of its powers or the use of devices beyond that which is reason­
able to effect an arrest. The law gives an Officer the right tc 
use. force or devices dangerous to hu.man life, only in self-uefanse. 
or the arrest of a Felon, h'ever in misdemeanors. and the caking of 
life is justified only in cases of extreme necessity-.

80.11(5)1 Devices:
Shotgtn 
Night Stick 
Handcuffs 
Revolver
Physical contact, restraining holds. Judo, etc."

80.11(7) When arrests are made in a residence for gambling or the sale of 
intoxicants, the resident will be charged with OrERATE.'G A DIS­
ORDERLY HOUSE, (Sec. 7d3) , if he or she had knowledge of the 
violation during its commission regardless of his or her partici­
pation in the violation.

80.11(8) Once the Arrest is Effected: All persons arrested will be fransoorced
by the Police Vehicle to the Detention Section as quickly as the 
matter will allow.

80.11(8)1 Transporting:
Squad Car- In rear seat. One officer will ride in the rear seat 
with the Arrested Person/s to assure constant obsem'ation'.
Patrol Wagon- Locked Enclosure. No Juvenile will be trans­
ported by Patrol Wagon. Women may be transported by Patrol Ka.gon 
at the discretion of the arresting officers. Women and man will 
not he transported together in the Patrol Wagon.

80.11(8)1(1) Exception:
Males and Females arrested together for participation in 
gambling parties or other group gatherings of a similar 
nature may be transported together by Patrol Wagon at 
the discretion of the Arresting Officers.

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80.21.x Refer-;nc°: '̂ ■113'.- :-Ur.ulL of Rules a.’-.d RaT-il sr-rons •

Employees ci r.uis De?aro.ner.a wno either acciaeursliy or ourposoi- 
while on d u ^  or off dur̂ /, fire their ser'/ios pistol, or'any ' ' ’
other^pe lireara, wi.U file a report in writing with their oorm.^nd- 
ing orxicer, tellxng of the circujzstances surrounding firin*’’
This does not include training or any other organized coiroetitivc firing*

k-

1C30 0 0 0 . 3 1 1 )



U  ̂ - --^-a Via (w'-wu- - U '_' 1. NJ i '-Ji'-a J t. ..^J y,

A L L  COMMANDING OFFICERS  «

FROM: CHIEF HENRY E. LU X

DATE: July 7, 1969

SUBJECT: WARNING SHOTS

GENERAL ORDER fIG 69-831

E ffec tive  th is  date, o fficers  o f  the M em phis Police D epartm evi w ill not d ischarge  
f ir e a r m s  fo r  the purpose o f  f ir in g  ivarning s h o ts .

Section 4 .113  o f  the Manual o f R u les and Regulations sta tes: "No M em ber o f N e  
D epartm ent shall inientionally f i r e  any weapon except as authorized by law. " G enerally  
thi fir in g  o f a weapon constitu tes the use o f deadly fo rc e . Deadly fo rc e  should l e  used  
only when necessary  to e ffect the a rrest o f a feloyi, prevent the com m ission  o f  a fe lony  
or when n ecessa ry  in s e l f  defense. ______  __

T h is  prohibition against the f ir in g  o f  warnbig shots is made in o rder to avoid any hazard  
to the life and property  o f  innocerd persons and to avoid crim ina l or c iv il liab ility  on 
the part o f  the o ffice rs .

Y our attention is also called to Section 80.21. 5(1) o f  the Policy and Procedure  
Manual. "Em ployees o f th is depaH m ent on or o f f  duty, who accidentally or purposely  
f i r e  th e ir  se rv ic e  revo lver  or o ther type f ir e a r m  w ill m ake a ivritten  repoid to th e ir  
Commanding O fficer advisbig him  o f  the c ircum stances surrounding the firi)Tg. T h is  

—does not include f ir e a r m s  training or o ther orgayiized com petition f i r in g .

H enry E . L ilx 
Ch ie f  o f  Police

W. E l  Rondt, A s s t .  C h ie f 
S ta ff  S erv ices  D ivision

s
16' Ô  JL 00 03.VO



( /

ExhiU iT

In answer to questions concerning the action of the members of 

the Memphis Police Department la st night, I can only say  that from the 

Information that has been furnished to m*,e up to this point, it would appear 

that action taken by tlYe Police Department was in line with both previous 

policy  and in line with any future policy  that may be developed.

I am not able to go into the facts of the matter in their entirety  

until the matter has been more thoroughly investigated  and presented to 

the Grand Jury.

In view of the la test situation involving the use of extreme 

force, we all agree that an interim policy  should be devised  by the 

administration of the P olice Department at the earliest p ossib le  time, 

hopefu lly  that they would draw some guidelines in the use o f weapons 

affecting  the protection of the c itizen s of this- c ity .

I plan to get with C hief Price and members o f our lega l staff 

and draw up some interim gu idelines, subject to comment and review , as  

soon a s  p o ssib le . •

Statement o f Mayor Wyeth Chandler 

January 19, 1972 , 2:00 P .M .

1 r  'X  O
0003,21



^foiiT
■ -Z----13
-I _l''-_'Tlly  >.̂ O
Ẑ‘|ĝ j.'vcat3̂ '̂ y

C I T Y  O F  ^ e :h ? h \ s  

1 N  T  E  R  - O  F  F  I C  E  

iV-; E  M  O  R  A  N  D  U  M

C

TO: a l l  p e r s o n n e l
F I E L D  &  STAFF OPERATIONS

FROM: C HIEF B I L L  PRICE

DATE: January 20, 1972

SUBJECT: "USE OF FIREARiMS"

O r d e r  0-72-6

I. PTJRPOSE - The p u r p o s e  of this d e p a r tmental o rder is to define 

the circumstances u n d e r  w h i c h  deadly force and n o n - d e a d l y  force m a y  be 

used to p r e v e n t  an offense fro m  being com m i t t e d  and to effect an arrest.

As used in this order, D E A D L Y  F ORCE means force c alculated to cause 

serious p h y s i c a l  injury or death. N O N - D E A D L Y  F ORCE is any o ther p h y s i ­

cal force including the use of the night stick and c h e m i c a l  mace or 

similar v^eapons,

II. PRO C E D U R E  - The discharge o f  a n y  f i r e a r m  b y  po l i c e  per s o n n e l  

a c c i d e n t a l  or i ntentional w i l l  be reported by letter to the commanding 

o f f i c e r  as soon as p o s s i b l e  a f t e r  such discharge, w h e t h e r  it be on duty 

or off duty. A  c o p y  o f  this letter shall be sent to the Chief of Police, 

Chief of F ield and Staff Operations, Internal Affairs Bureau, and the 

Firing Range.

In the event of an in j u r y  o r  death, the offi c e r  involved will 

n o t i f y  his comma n d i n g  o f f i c e r  immediately. It shall be the responsibility 

o f  the c o mmanding o f f i c e r  to n o t i f y  i m m e d i a t e l y  the Homicide Bureau and 

the Internal Affairs Bureau. The comma n d i n g  o f f i c e r  shall secure the 

scene.

The o f f i c e r  i n v olved wil l  report to the Police Range within 

three days, unless health prevents it, for the purpose of being inter-

ICCJ ■ 000322



viewed as to the circumstances o f  the discharge. This p o l i c y  applies 

only to the discharge of firearms covered b y  this order.

Page 2 - "USE OF FIREAK4S"

I I I .  n o n - D E A D L Y  P'ORCE - A n  offi c e r  m a y  use n on-deadly force which is 

reasonably nec e s s a r y  to effect an arrest o r  prev e n t  o r  attempting to p r e ­

vent the escape from cust o d y  o f  a p e r s o n  vrhom he reasonably believes to 

have committed an offense; reasonable force may be used to the extent tiiat 

the officer reas o n a b l y  believes such to be n e c e s s a r y  to defend himself or 

a third p e r s o n  from what he r easonably believes to be the use or imminent 

use b y  the suspect of n o n - d e a d l y  p h y s i c a l  force.

r v . DE A D L Y  FORCE - D e a d l y  force m a y  be u s e d  v/hen after an officer has
t

exhausted all other reasonable means to a p prehend or otherv/ise prevent 

the commission of a n  offense and;

A. 1) It is in defense of himself from death o r  serious bodily
injury when attacked or,

2) It is in the defense of a n o t h e r  per s o n  f rom death or 
serious b o d i l y  injury when attacked or,

3) There is a substantial risk that the p e r s o n  whose arrest 
is sought w ill cause death o r  serious bo d i l y  harm if his 
a p p r e hension is delayed.

B. The offense c o m mitted o r  b eing co m m i t t e d  b y  the suspect is:

1) A  felony o r  an attempt to commit a felony involving the 
use or a t tempted uae o r  t h reatened imminent use of p h y s i ­
cal force against an y  p e r s o n  or,

2) Kidnapping, m u r d e r  in the first o r  second degree, voluntary 
manslaughter, arson, a rson involving the use of firebombs, 
rape, assault and batt e r y  w ith intent to c a r nally knov; a 
c hild u n d e r  twelve years of age, assault and battery with 
intent to commit rape, b u r g l a r y  in the first, second or 
third degree, grand larceny, assault to commit m u r d e r  in 
the first o r  second degree, assault to commit voluntary 
manslaughter, armed robbery, robbery, or an y  attempt to 
commit suc h  crimes.

C. The offense c o mmitted o r  attempted by the suspect is a felony 
and in the course of resisting arrest or a ttempting to escape 
from cust o d y  the p e r s o n  is armed with a firearm or o ther deadly 
w e a p o n  or the officer r e a s o n a b l y  believes the suspect to be 
armed w i t h  a firearm o r  o ther deadly v/eapon.

16 O0* X 000323



Page 3 -  "USS OF FIREAPiMS"

V. FIREAPi^S - Firearms shall not be discharged:

A. As warning shots; or
B. From a moving vehicle or to stop a fleeing vehicle except as 

p r o v i d e d  for in Paragraph IV; or
C. The officer does not have a clear field of fire and cannot be 

r e asonably certain that the suspect will be hit and the p o t e n ­
tial for harm to innocent bystanders or their p r o perty is 
great.

*

VI. Deadly force shall not be used in the follov/ing circumstances:

A. To effect an a r rest-of a n y  p e r s o n  for any m i s d e m e a n o r  ofi'ense;
B. To effect an arrest of a n y  p e r s o n  for escape from the commissio.r. 

of an y  m i s d e m e a n o r  offense.

-

B I L L  PRICE 
C H I E F  O F  POLICE

16̂ 0003a‘i



________ -
^ iMmm*.»i iflF\*9srjPiLsrmBvr^

I  ;.i h

• \J*

*?f!3 £jnih^.'r3 ~~~''
aorz^j

.is ĵfosssssatti^

-ww%« n  fn
___ •/ 7

DATC. 5 February 1974 
fSJUMDEP' 5~7A *~  ̂ ”“

subject: use of firearms M U  DEADLY FORCE

1 . PURPOSE. • '«. _. ..
 ̂ ' I. j I ncftm Y '^nPf'F and RON ■‘DEADLY

e f f e c t a n a r r e s t .  .• ^*

RACKGROUnO.

a . npf^nltlons.ut: I I II I ■. ■ w
. . ncaniY FORCE m^ans the d i s charge  of

, „ ? L ™ f o r " t h r u s r o f f o r c e  by o th e r  . e a n s  c e ’. c u U t e d  to _ 
I n f l i c t  s e r i o u s  b od i ly  Injury or e

, " ° ^ l f h f r t l " " S - r  ? t ^ n e r ’'werpon:'ort''calcJirtrd°S:; Intln^ed
’t S S n f u f t M r 1 o 5 s ° b o d 1 1 y  Injury or deat h .

b. AppTI c abn i t y , .
The procedures  de f i ned In t h i s  o^der apply to the use o f  

f i rearms  under the f o l l o w i n g  c i r c u ms t a n c e s .

( 1) s i t u a t i o n s  ];;' '°J^’ ! ; ? „ f o f “d u t r i n v o ? v l n g  ■ ie ‘‘ p ? e «
. ? ? S S ^ i f ^ a r o r 4 L : ^ 'r ^  P rehens l o^  

or not  death or a wounding oc - urs

Sihr£r:r;H:rB:;":;:ii'SS

3.  ACTION.

a. N o n - d e a d l v  Force,.
An o f f i c e r  may use NQN-DEADLY FORCE wĥ :n 1t is necessa ry  to :

0 0 U 3 : ^ : j
I G

r\ >
•J J

' /  f



- C “

(1)  E f f e c t  an a r r e s t ;

(2)  Prevent  the escape  f rom' cust ody o f  a person who 1s 
reasonabl y  s us pe c t  o f  having committed an o f f e n s e ;  or wO

(3)  Defend one ' s  s e l f  or another  1n c ases  not I nvol v i ng  
s e r i o u s  bodi l y  Injury or death.

b . Deadly For c e .
DEADLY FORCE may be used In the f o l l o w i n g  c i rcumst ances  onl y   ̂

a f t e r  a l l  o t her  reasonabl e  means to apprehend or o t he r wi s e  prevent  
the o f f e n s e  have been exhaus ted:

. ( 1 )  S e l f - O e f e n s e .

An o f f i c e r  may use DEADLY FORCE when 1t 5̂ 1n the 
d e f e n s e  o f  h i ms e l f  or another  from s e r i o u s  bod 11y i nj ury  or  
death and the t h r e a t  o f  s e r i o u s  bodi l y  Injury or death i s  
real  and Immediate.  '
(2)  Fe l on i e s  I nvo l v i ng  the Use or Threatened Use of  Phys i cal  

. Force.
An o f f i c e r  may use DEADLY FORCE when the o f f e n s e  i nv o l v e s  

a f e l o n y  and the s u s p e c t  uses  or at t empts  to use or t h . e a t e n s  
the use of  phys i cal  f orce  a g a i n s t  any person.

(3)  Other Fe l o n i e s  V'here Deadly Force i s  Authorized.

A f t e r  a l l  reasonabl e  means o f  pre vent i ng  or apprehending  
a s u s p e c t  have been exhaus t ed ,  DEADLY' FORCE Is aut hor i zed in 
t he  f o l l o w i n g  cr i mes ;

Kidnapping
Murder in the 1st  or 2nd degree
Mansi aughter  ,  u u i
Arson ( I nc l ud i ng  the  use o f  f i rebombs)

As s au l t  and battery* wi th i n t e n t  to c a r n a l l y  know 
a c h i l d  under 12 years  o f  age
As s au l t  and b a t t e r y  wi th I n t e n t  to commit rape  
Burglary In the 1 s t ,  2nd,  or 3rd degree  
As s aul t  to commit murder 1n the 1s t  or  2nd degree  
As s aul t  to commit vo l unt ary  mansl aughter  
Armed and_s1mplj^robbery

C. Use o f  Deadly Force P r o h i b i t e d .

The use o f  DEADLY FORCE Is p r o h i b i t e d  when:

(1)  Ar re s t i ng  a person for  any^mlsdemeanor o f f e n s e ;  or

1G3.’ 000323



-  3

. c

(2)  E f f e c t i n g  an a r r e s t  o f  any person for  escape  
the  commission of  any misdemeanor o f f e n s e .

from

d. Use o f  Firearms P r o h i b i t e d . - ■

(1)  As warning s h o t s ; • ' * .

(2)  From any moving v e h i c l e  or  to s top any f l e e i n g  v e h i c l e ,  
e x c e pt  in c ases  o f  s e l f - d e f e n s e  or c a s e s  i n v o l v i n g :

■(a) Murder in the 1st  or 2nd degree

( c )  As s L u  and ba t t e r y  wi th i n t e n t  to c a r n a l l y  know 
a c h i l d  under 12 years  o f  age

(d) Armed or s i mpl e  robbery

(2) In any case  where an o f f i c e r  d o e s n o t  have a c l e a r  f i e l d  
o f  f i r e  and cannot  be reasonabl y  c e r t a i n  t hat  onl y  whe s u s ­
p e c t  w i l l  be h i t  and t hat  the p o t e n t i a l  for  harm to i nnocent  
persons  or t h e i r  property i s  minimal .

Procedures.

wri t t en  
to the 

F i r-ea rms 
Ra n a e .

e. Noti fi cation

(1) Once the s i t u a t ^ -  rnntrol . any me m b e r  who d i s ­
ch ar ge s a firearm in the 
fact to the Dispatcher who 
squad c o m m a n d e r  notified 
or bu reau commander 
p r a c t i c a b l e ,  
n a r r a t i y e  of the 
Chief of Police, with copies 
Revi ew Board -
In a d d i t i o n .  Form F2100.149 shall 
the Fi ring Range.

(2)  In any case  r e s u l t i n g  in death or wounding,  the c ogni zant  
watch or  squad^commander.or hi s  de s i g n a t e d  r e p r e s e n t a t i v e ,  w. l .  
oroceed to the Tcene and wi l l  r e l i e v e  the o f f i c o r ( s )  - -oncamed
p e n d i n g  compl etion L t
Fi re ar ms Review Board.. In addition, une ui 
the H o m i c i d e  Squad and the I_nternal Affairs 
as pos sible. Preservation of the scene 

• of the se n i o r  c o m m a n d e r  present.

s i t u a t i o n  i s  under c o n t r o l ,  any 
in ^he l i n e  o f  duty wi l l  immediate ly report  the 

v/111 have the c ogni z ant  watch or 
The l a t t e r  wi l l  inform the p r e c i n c t  

o f  the event  , wi t hout  de l ay .  As soon as 
the o f f i c e r  who f i r e d  a weapon wi l l  submit  

c i r c u ms t a n c e s ,  v i a  the chain o f  command 
to the Seni or  Member o f  the

and to the Commanding O f f i c e r  of  the
be f i l l e d  out  and forv/a.dt.d to

wi l l
Bureau 
be the

as rapidly 
responsi b i 1 t y

4.  SELF-CANCELLATIQfl.

I M S  o r d e r  shall remain 1n effect “" f ”  '“ , ? j n s ' ' ? r o c J r r r c ^ " n d  
in co rp or at ed into the depart ment's Manual of Pol.cios, Procc-irc.
Rules and Regulations.

1 6 ' " Hubbard 000327

Oi s t r 1but i on



1969-1974
Summary of Police Shootings Not Resulting in H uman D eath

(From 1969-70 and 1971-74 Summaries)

Total Number of Incidents 212*

Number of Incidents Involving 
Unarmed Fleeing Property 
Crime (Burglary, Larceny-Theft,
Auto Theft) Suspects Who Did
Not Assault Offi c e r  or Other Person-
Shooting to Arrest

AGE

CD
CO
CO

o

of

Under 18 18 and Over U n k n o v m Total

(a) Burglary 10 27 37 74
Black Suspects 9 24 32 6 5-
VJliite Suspects 1 3 3 7
Unknown Race 0 0 2 2

(b) Aut o  Theft 7 4 7 18
Black Suspects 7 4 6 17
White Suspects 0 0 0 1

(c) Larce n y - T h e f t 1 2 2 5
Black Suspects 1 0 1 2
Wliite Suspects 0 2 1 3

(d) Total and % 18 33 46 97 (100%) Sb
Black Suspects "17 28 39 84 ( 87%) O
V/hite Suspects 1 5 5 11 ( 11%)
Unknown Race 0 0 2 2 ( 2%)

i r'r'ld.':'iv!’ rfr-:ii 1.1'̂ d̂ :i n of ,i| j 1 ■ I' r' ■ 1 11 cl r f roc- i r/i,. r



3. Warning Shots at

O
O
C2
CO
<\:

Black Suspects 

7

■ V.'hite Suspeett 

3

Jnknown Race Total

14

Incidents Involving Violent 
Crime (Murder, Rape, Robbery and 
A g g r a v a t e d  A s s a u l t ) — To Arrest, 
Jn Sell-defense and in Defense 
of Others

AGE

5. A ccidental Discharges

6. To Kill Dangerous or Woun d e d  Animal:

Under 18 18 and Over Unknov/h Total

(a) Assa u l t  on Officer
With Auto 2 1 4 7

Black Suspects 2 0 2 4
^Vhite Suspects 0 1 1 2
Unknown Race 0 0 1 1

(b) All Other Incidents 2 27 27 56
Black Suspects 1 23 25 4?
IVhite Suspects 1 4 2 7

cn

(c) Total and % 4 28 31 63 (100%)
Black Suspects 3 23 27 53 ( 84%)
Wliite Suspects 1 5 3 9 ( 14%)
Unknown Race 0 0 1 1 ( 2%)

11

13



V  / )

o t h e r  Incidents (1969-70 Numbers 6, 31, 53 and 59; 1971-74 Numbers 12, 70, 77, 
84, 109 and 119)

AGE

CD
u.

Under 18 18 and Over Unknov/n Total

Total " T ------ 3 6 10
Black Suspects 1 2 1 4
I’liito Suspects 0 1 0 1
Unkn o w n  Race 0 0 5 5

Summary of Linos 2, 3, 4 and 7

AGE

Under 18 18 and Over Unknown Total

Total 24 64 96 184 (100%)
Black Suspects 21 53 74 148 ( 80%)
VJhite Suspects 3 11 10 24 ( 13%)
Unknown Race 0 0 12 12 ( 7%)

C3
cr
o
Co



o
1969-1971

Summary of Police Shooting Not Resulting in Human Death 
(From 1969-70 and 1971 —  Summaries)

1. Total Number of Incidents

2. Number of Incidents Involving 
Unarmed Fleeing Property 
Crime (Burglary, Larceny-Theft,
Auto Theft) Suspects Who Did
Not Assault Officer or Other Person—
Shooting to Arrest

AGE

CT5
‘-D-.

O
Co

Under 18 18 and Over Unknown Total

(a) Burglary 3 9 25 37
Blaclc Suspects 3 8 21 32
White Suspects 0 1 2 ,3
Unknown Race 0 0 2 2

(b) Auto Theft 5 2 6 13
Black Suspects 5 2 6 13
White Suspects 0 0 0 0

(c) Larceny-Theft 1 , 1 1 3
Black Suspects 1 0 0 1
White Suspects 0 1 1 2

(d) Total and % 9 12 32 53 (100%)
Black Suspects 9 10 27 46 (87%)
White Suspects 0 2 3 5(9%)
Unknown Race 0 0 2 2 (4%)

*Four of these incidents resulted in death of suspect and are excluded from remainder
of tables.

Vll

V'



3.

4.

Warning Shots at

Black Suspects 

7

Incidents Involving Violent 
Crime (Murder, Rape, Robbery and 
Aggravated Assault)— To Arrest, 
In Self-defense and in Defense 
Of Others

White Suspects 

1
Unknown Race Total

12

AGE

CO

o
o
c:
Cc

Under 18 18 and Over Unknown Total

(a) Assault on Officer
With Auto 1 0 2 3

Black Suspects 1 0 0 1
White Suspects 0 0 1 1
Unknown Race 0 0 1 1

(b) All Other Incidents 1 7 12 20
Black Suspects 1 5 11 17
White Suspects 0 2 1 3

(c) Total and % 2 7 14 23 (100%)
Black Suspects 2 5 11 18 (78%)
Wliite Suspects 0 2 2 4 (17%)
Unknown Race 0 0 1 1 (4%)

Accidental Discharges 3

To Kill Dangerous or Wounded Animals 4



7. Other Incidents (1969-70 Numbers 6, 31, 53 and 59; 1971 Number 12)

AGE

Under 18 18 and Over Unknown Total
Total 0 2 3 5Black Suspects 0 2 0 2White Suspects 0 0 0 0Unknown 'Race 0 0 3 3

8. Summary of Lines 2, 3, 4 and 7

AGE
Under 10 18 and - Over Unknown Total .

C?*5 Total 11 21 61 93 (100%)Black Suspects 11 17 45 73(78%)
■ White Suspects 0 4 6 10 (11%)Unknown Race 0 0 10 10(11%)

O
O

Co



’.iu

t'

1827. 5-12.
1837. 3-25.
1839. 3-15.

1839. 3-18.
■ ,1'f 1.CRARY
A.-R 22 1065
3A\PHIS,
1839. 3-23.

1839. 3-26.

1840. 3114.
t

is4o. 9-7.

1841. 3-13.

i841. 7-10.
1848. 3-14.

1848. 6-3.

1848. 7-8.

-

HISTORY OF MEMPHIS POLICE DEPARTMENT 
First Constable (John J. BalchJ appointed.
Constable to receive half of the fees he collects. .__,
Mayor suggests propriety of having police laws. Board names committee 
to draft resolution relative to a night watch.
Town watch created. Two night watchmen to. be paid $^00.00 a year, 
quarterly.to serve alternately every night from 10 P.M. to day­
light, and to be appointed from year to year during good behavior. 
Watch empowered to summon any citizen to assist in er.forcing the 
law, with a fine for refusal. ̂
J- H. Cox and William Stockton elected town watch. Committee 
named to draft plan for building calaboose on Market Square.
Brick calaboose to be 12' x 20', d-1. Inside to be lined with oak 
timber.
Might watch increased to three, one for each ward, salary $300.00 
a year , payable mont.hly. 5-4. Rattlers bought for night watch.
Night watch to patrol streets and alleys once every hour and to^ 
wear badges. ' Captain of Might Guard to he appointed from their 
number, to ring 10 o'clock bell, take charge of badges, rattlers, 
etc. when not in use, and to report absence or neglect of duty.
One night watchman dismissed for neglect of duty. 5-3. Board pays 
burial expenses and bill for care of dead watchman.
Captain of Night Watch to prescribe watchman's rounds.
Captain of Watch paid $40.00 a month, watchman $35.00. The Captain 
to be~ Jailer or Keeper of the Calaboose, receiving 5;S of fees 
collected. 3-21. Captain's salary made $50.00, with 1% of fees. 
Officer to receive $1.00 fee for whipping slaves, to be paid by 
slave's owner.
Police force to consist of seven men and Captain. Men, $30.00 a 
month; Captain, $40.00. City divided into three districts: 1st,
two men; 2nd., three; 3rd., two. <

-1645 I' U u <3 i



r
\

1854-.

18S4-. 7-1.

185";. 8-1.

1854-.
1868.

1870.

• Page # 3  •
before appointment.
5-2 Cypress fence lO^* thick and 15’ high to be built around new cal­

aboose (north of Exchange, soutit of Navy Yard) to enclose space 

200* square.
captain of Night Police, $70.00 a tronth; Captain of Day Police,
$70.00 a month; City Marshal, $1200.00 per annum. 7-5. Office of 

deputy marshal created*
Police, except City Marshal and Captains of Day and Night Police, to 
be appointed by Mayor and discharged when necessary.

11-28. Secret Police to be appointed'by Mayor and Vigilance Committee.
9-1. Class of boys known as "Mackerells" reported to be inflicting many 

depredations on citizens. Reccmraended that a workhouse be es­

tablished.
3- 3. Mayor and Police Board authorized to lease from N. Adams, Esq.,
’ the house and let on Adams between Main and Second for a City Jail

» or station at annual rent of $2000.00 and to have it fitted up as 
a station house, recorder's courtroom and offices. *

4- 6. Chief of Police reports that police force has two captains, four 
sergeants, two roundsmen, 3^ day poUcemen, 41 night poUcemen, two

• _ station house keepers, four special force, two clerks. Total, 91.
Arrests for March: 859 (724 males, 135 females) .

11-3. Chief of Police allowed one saddle, coat not to exceed $50.00.
1873. 11-5. Council records with praise that all but two policemen remained on

duty during the yeUow fever epidemic until stricken. Of SO strick­

en, 10 died.
1874. 4-J.4. Resolution adopted requesting Mayor to employ on the poUce force,

lOX Italians, 20% Irish, 20% German, and of white and colored 
• • Americans and other nationaUties, 50%. Resolution asking Police 

Board to put 20 colored men on force, lost by vote 16-3.
1881. 2-21. Pay of police force: Chief. $125.00 a month; Captains. $90.00 a

1-3

1870.

1870.

m m  ■ iw; J "j <;**'*'*? A t



, ‘̂ '•■=̂ l'-OLiCE a

l̂ilG j 7

SURVEY OF ATTITUDES TOV7APT) POLICE 
IN RESIDENTS OF MEMPHIS, TELD7ESSEE

Conducted by
LeMoyne-O’.ven College 

Departments of Psychology and Soci-ology
Memphis State University 
Departaient of Psychology

March, 1970

ie<;7 L'00o3i



I. INTRODUCTIOM

Rationale.
Controversy has surrounded the Memphis■ Police Depart­

ment in recent months. Charges of "police brutality", "un­
equal treatment", and "racism" have been levelled against 
local lcii7 enforcement officers. Citizen concern about shootings 
of criminal suspects by policemen has been v;idospread. The 
formation of an ad hoc committee of the N.A.A.C.P. composed 
of prominent Black citizens to review and examine charges of 
police violence has caused much concern among the leadership 
of the Memphis Police Department and of Memphis City Govern­
ment; it also may have served to further polarize Black and 
T*?hite attitudes about the police. The questions of whether or 
not "jjolice brutality" exists in Memphis, hci7 much of a prob­
lem this is seen to be by local citizens, and who should in­
vestigate charges of such alleged acts --  the presently
used Internal Security Division of the police department or a 
reviev/ board external to the police department —  have pro­
duced much heat and discussion at all levels of the community.

Nowithstanding all this recent foment, no adequate 
data have been available on citizens.' attitudes about the 
Memphis police generally, on citizens' definitions of "police 
brutality" and their views of its incidence in I-lemphis, or 
about citizens' impressions of allegedly "unequal" treatment 
of persons of different races or classes by policemen.

1G4J 000337



must be precisoly known, rather than surali;ed. It was to
. provido such information that the present attitude survey 
was done.

Professional Personnel
This survey was designed and prepared solely by the 

following three persons: Robert N. vidullch, Ph.D., Professor
and Chairman of the Department of Psychology, Memphis state

/
V,

and Charles Bailey, M.A., Assistant Professor of Sociology 
at LeMoyne-Owen College.

These professionals, as well as tlie students who did 
the actual interviewing for the survey, all served in a vol­
untary capacity and received no remuneration for this project. 
Similarly, all decisions about the purposes, design, and con- 
c3uct of this project rooted with these throe individuals7 
no other individuals, organizations, or agencies in the com­
munity were consulted or provided suggestions. Great care

4_



elzocble portion of Mc-mphis rogidonts, and to avoid biaoing 
.the respondents' expressed attitudes. For the latter purpo.se, 
an interview questionnaire was designed using open-ended 
questions to whish the respondents could provide their own 
answers, rather than possibly leading questions for which 
response alternatives had been provided by the interviewers.

^istr.i3Dution and Use of These
It is sincerely hoped the results and conclusions con­

tained in this report will be helpful in resolving the ex­
isting conflicts in this community about police activities. 
Since the survey was conducted voluntarily for the service 
of the citizens of Memphis, this report is being made avail­
able to the news media, the Memphis Police Department, Mayor 
Henry Loeb, the Memphis city Council, and by request to the 
National association for the Advancement of Colored People. 
Additional copies of this report are available for any other
group, agency, or interested citizen of this community upon 
request.*

I G J j 0 0 0 3 3 ^



11

c

IV. RESULTS
Interviev/ees v/erc asked a series of open-ended

J ./questions concerning their attitude tov.'ard the Memphis
>1.They were free to respond in any way 

they desired. Responses were content anali^zed, and those 
questions to which a significant nuirfaez* of persons re­
sponded nro di»ots3acd below. In addition, an objective 
attitude scale was administered; these results are also 
reported,

4op_P.f..Memphis Police Department 
To measure overall opinion tov;ard police, this ques­

tion was first asked:
"In general, what do you thinJc of the Memphis police?" 
Answers were coded in one of four categories, which 

are illustrated belov;:
1) favorable-positive ("doing a good job," "very

nice," "best in the country.")
2") anibivalent-raixed (” some times good, sometimes .bad, "

"sometimes fair, sometimes not.")
3) unfavorable-negative ("can't say anything good,"

"don't like police at all," 
"leave a lot to be desired.")

4) no response-no opinion ("I don't knov/.")
Ninety-one percent of those interviev;ed gave an

opinion in one of the first three categories. A favorable 
opinion of police was expressed by 52iS of these, 25% were 
ambivalent, and 23% were unfavorable. lIov;ovor, these totals 
mask a striking difference bct\-;ocn Blacks and -̂Tliites.

0 0 U 3 n 0i 0 D JL



12
Favorable opinions were voiced by 11% of vniites, but by 
only 38% of Blacks. If airsbivalent and negative opinions 
are combined- into a category of "less than complete ap­
proval/' 62% of Blacks express this opinion, but only -23% 
of Whites.

An interesting trend appears in these data v;hich 
reappears several times throughout the study. VThites in 
the older group (over age 35) are most favorable in their 
opinions of police (90% positive). Next most favorable 
are the opinions of younger VThites (56%) . Third are the 
opinions of older Blacks (41%), while least favorable are 
younger Blacks (31%) . Thus it appears that differences 
across the infamous "generation gap" (younger vs. older, 
regardless of race) are less than differences between the 
two races.

Answers to the general opinion question are summarized 
in Table I. •

000341
16;



17

C

Equality o£ Treatment
TO detoniiine attitudes about police fairness or 

equality of treatment of all citizens, this question 
■was asked:

"Do you think Memphis policemon treat everyone 
alike?"
In the total sample, 6CT/o ansv;ered "no", that there 

is not equality of treatment by Memphis police; 18% 
answered "yes". However, these figures mainly reflect 
the larger number of Blacks in the sample. Three-fourths 
of Blacks (74%) denied that equal treatment exists; only 
6% answered "yes". In Whites, the direction was reversed: 
Equal treatment was agreed to by 42?̂ , while 29% saw treat­
ment as unequal. A substantial proportion (20-%) of 
whites saw inequality as inevitable ("It's not human 
nature to treat everyone alike.", "Some people bring it 
on themselves."). Also of interest is that none of the 
groups (Black, White, older, younger, or age-race combina­
tions) produced "equality" responses in even one-half of 
its raeitbers.

In an effort to specify the reports of unequal treat­
ment. the tjacs'LioTi T-̂as asked:

"Tfho do they (Memphis police) treat differently?
Since this was asked only of persons v/ho believed 

treatment v/as unequal, there were fewer total response
1G53 "■•(about two-thirds of the total sample.). Of these, 66,o 

stated that race was the basis of unequal treatment (Blacks



being treated less v/ell than Whites) . This opinion was 
held by 50/i of VThites and 71% of Blacks who believed there 
was inequality. Thus it appears that nearly half of all

‘Jl tpersons in the entire survey believe there is vmequal treat­
ment based on race. Other mentioned causes of unequal 
treatment, including social class, personal favoritism, 
sex, age, appearance, etc., contained much lower frequencies 
of occurrence.

Answers to the questions on equality of treatment are 
summarised in Table 3.

18

1654 00034.1



20
Opinions of "Pol5.ce Brutality”.

r

A series of three questions investigated the meaning
/

of the terra '’police brutality", beliefs about its'oc--
>i

currence in Memphis, and opinions on how charges of 
"brutality" should bo handled. These questions are des­
cribed below:

a) "Wliat do you personally think 'police brutality'is?"
The most frequent definition v;as "unnecessary physi­

cal force", given by 37% of all interviev/ees, This v/as 
followed by "anv physical force", at 28%, and "non-physi­
cal abuse" at 25%. There was greater agreement bet^veon 
Blacks and Whites on this question than on most others 
in the survey. Although I'Thites' stressed unnecessary’’ force, 
while Blacks more often mentioned any force, the totals 
of responses mentioning physical force were very sLmilar 
(Blacks, 66%; Whites, ’62%).

b) "Do you think there is any 'police brutality',
as you've described it, in Memphis?"

Over all cases, 69% said "yes", there is 'brutality' 
as they defined it. Among Whites there was an even split:
"Yes" responses totaled 43%, and "No" responses were 43%. 
(Failures to ansv;or and "don't know" accounted for the 
other 14%.). Among Blacks, "yes" responses were given by 
81%, and "no" by 8/̂ . The only group in v/hich fewer than 
half answered "yes" was older VThites (35%). L0J34'1

c) "If a charge of 'police brutality' is raised
against a Memphis policeman, what should be 165,7
done? VJho sliould investigate such a charge?" '



21
Nearly one—fourth of the interviewees had no opinion

on this question. Of those v/ho responded, 42% of I'THites
/ «

and 27% of Blacks thought the Police Department alone
it

should investigate. Over ono-half of Blacks (58%) and 
one-fourth of VThites (25%) would place the investigation 
in the hands of some non-police agency. A smaller per 
cent would have an investigation by police and civilians 
together. When this group is combined with the "non­
police agency" group, a total of 53% of Blacks and 48% 
of VThites indicate that non-police should have some role 
in the investigation of charges of "police brutality".
No race, age, or age-race group has a majority in favor 
of police-only investigations. • On the other hand, 65% 
of T^hites want police to have some role in the investi­
gation (as compared to 32% of'Blacks) .

Answers to the question on "police brutality" are 
summarized in Table 4.

00034̂)
1C 56



• /

Ad Hoc CoroiniCuee Stafj: Record
10/19/

THE IvIEMPRIS POLICE DEPARTMENT 
Table of Ccntencs

Intrcduccion........................................ .p . 1

Summary of Findings and General Issues............p,4

Ch.l: Racial Segregation* in the Department........ p,8

Ch.2: Size, Salary Scales, and Exce 
Ranking Officers

ss of .p. 14

Cn.3: Lack of Policy Control.... o lo
h ........................

Ch.4: Police Shootings............ *............. p.27
i. J-# v I - ..... .p.-#C

Cb.6: Civilian llaviev and Internal Discipline..... p.37
Ch.7: Police-Community Relations...^............ p.43
Ch.8: Criminal Justice and the Bail Bond System,..p.54
Recommenda tions..................................p. 62
Conclusion. .......................................o . 65
Aftemvord..... ................................... p. 67

APPENDICES
I. Members of the Ad Hoc Committee............... p.68
II. Statement of Puroosa.....  o 69
III. Rules of Procedure.......................... p.70
IV. Survey of .Attitudes Toward Police............ p . 74
V. Testimcay of Bax̂ ard Rustin. ....................p . 85

16.5 V
0003d3



fNTP.ODUCTICM

C.

(X)
Polxca authority is not easily challenged. Facts are 

hxdder., and cclice procedures are jealously guarded. As a 
result, accusations based on ruir.or and suspicion inflame, the 
passxons and exaggerate prejudice.s on all sides.

In Memphis a five-man committee, convened at the request' ' 
of the Memphis branch of the'N.A.A.C.P., undertook the creation 
of a fortm for the examination of complaints against police 
abuse and misconduct. The Ad .Hoc Committee sought a dignified 
and objective inquiry into the operation of the macMinery 
of la» enforcement and criminal justice in .lemphis. Its goal ' 
-was to provide a foundation of facts'from which sclutic.ns ■ 
could be sought to the community-wide problems of police- 
community relations and the workings of the criminal law.

The Committee's findings and recommendations form this 
report. T.hey are not likely to be accepted by all, for they 
challenge theories and preconceptions held by citizens and 
pclxce alike.-•ttoreover they constitute a challenge, to all 
supporters of peace, order and strong a n d  effective law 
enforoement~to recognize that substantial changes are needed.
To have peace, and to prevent a decline into either anarchy 
or armed ocouoation, the community .must both dem.and and be 
prepared to pay for a modern, effective police force.

The trust and support of all law-abiding citizens are 
required if a modern police force is to he able to function;

000347
1C.59



Page 2 <(
these cannot be achieved except in an atmosphere of under­
standing and communication. To preserve and protect the 
institutions of a rree society, the Cbrnmittee tenders this 
report as a basrs for the dialogue necessary to bridge the 
existing gaps of understanding and confidence.

e.

(ii) The Scope of the Investigation
The Ad IIoc Coirjiiitt;ee' s investigative staff maintained 

an office for approximately three months— February through 
During tnat time the investigators conducted 

approximately ninety personal interviews v;ith comolainants 
and witnesses, and took 54 v/ritten statements.

•c'-i-ty individual files v/ere opened and follov^ed uo. 
eight additional files were handled but could not 

be v7orked to any conclusion, due to the age of the comolaints, 
the unavailability of witnesses, or the doubtful nature of 
the complaint itself. . '

The Committee held five days of public hearincs—
March 18 and 19, and April 8, 15, and 22. Forty—four witnesses 
testified, and 826 pages of oral testimony were taken. 143 
exhibits were presented, totalling 2231 additional pages.
24 photographs were presented as exhibits, and 17 others were 
filed but not presented.

000348
H ’59



- , . - V  -

Page 3 C
- C

c.

( H  ) ^̂ *^̂ OV-'2.SClCT0p'r̂  n

The Cor.^ittee is aspesiaily indebtac to the f-emphis 
branch and the national office of the M.Ji.A.C.P. for their 
continuing interest and financial support of its investigition 
end hearings, and to the following organisations for their 
technical and financial assistance and support: the United ' " 

- Methodist-Church, the United Church of'Christ, the Corcrunity 
Service of the United States Department of Justice, 

the urban Law Institute of George Washington University,*^ 
Bail Refop.. Project administered under the auspices of the " 
San Francisco Bar Foundation, the .Manhattan Bail Reform
Project, and the West Tennessee chapter of the American 
Civil Liberties; Union.

The Com-tittee is particularly indebted to those groups
and -ncixv,.auals xn Memphis— too numerous to mention— without
whose continuing support and courageous willingness to step
for-ward the facts gathered by the Cormittoe could never 
have cone to light.

Acknowledging its appreciation for and dependence upon
the cooperation, the knowledge, and the scholarship of the
above groups and individuals, the Committee is nevertheless
solely responsible for the interpretation of the facts as
presented herein and the conclusions and recommendations 
darxvad therefrom..

ri

1j- 6 G 0
000349



S^jJ-ARY CF FINDINGS ;̂ ;̂D REC0M>'K7'Jnflr-Tn>-:

As a result of its ir.vastieations and hearings, the 
Ad Hoc Corsaittee v.-as able to draw the ‘follcuing broad 
conclusions, v/hich are elaborated upon within:

1. The f.enphis Police Department faces increasing
. ■. distrust and lack of cooperation in the city, as ■ 

a result of:
a. a lack of credibility on the issue of 

police misconduct;
b. the faxlure to implement effective programs 

of community relations;
c. discrimination in the hiring and promotion 

of black policemen;
d. the continuation of widespread racial abuse 

of black citizens by policemen.
2. The Memphis Police Department is too small to 

perrorm its duties effectively, its size is further 
reduced by a disproportionate number of officers
of supervisory rank. Salary levels are too-low to 
attract men of the highest calibre and qualifications

3. Tne structure and administration of the Department 
serves to insulate the policy makers and tends

• to perpetuate undesirable police practices.
4. Citizens aggrieved by police behavior have no 

e-.,̂ eŵ ive recourse. As a practical matter the

icr
000350



ige 5 C( C(
Grand Jury ,.,m return an indictnent
against a pollcenan. Wvil litigation is too 
long, involved, and expenslvel Elected officials 
have not exercised their potential for control. 
And the cora?lai.nt procedure within the Depart-

,ment itself appears designed to cover up and
justify all police activity.

s. The Internal Affairi Bureau does not handle
in a manner calculated to 

create public confidence.
6. The Police Department's policy on the use of 

deadly force creates an attitude of fear and 
distrust, and tends to influence the numoer of 
shootings by police.

The Committee’s general recommendations are grouped 
around the following issues: •

1- There is a need for a credible acknowledgenent 
by the Police Departeent of the need for increased 
police-citizen cooperation, especially between 
police and black citizens.

2. Firm action is necessary to end racially abusive 
language and conduct by policeimen.

3. Tfl,ether perpetrated by design or by custom, racial 
discrimination in the hiring and promotion of

1 pr* 1 -L U o u o a r ^ i



Page 6 ((

C .

policemen must stop. Progress in this area 
should begin v.ith a black officer or equivalent 
cxvilxan at the Assistant Chief level.

4. Police-coirm.unity relations must be recognized as
a key factor in decisions on policy and operations.
The status and prestige of the prese.nt Community 

■Relations Bureau of the Department is inadequate 
for this task, and must be upgraded.

5. The Police Department appropriations must be 
expanded to enlarge and streamline the Department.

 ̂ Pay scales reflecting the professionalism of the 
force must be tied to an insistence on qualitative 
xmprovements to achieve such professionalism.

6. The procedure for handling citizens' complaints 
must be re-designed. Citizens groups should par- 
txcxpate both in the design of a fair complaint 
procedure and in its operation. At the same time, 
control Oi. police discipline should remain v/ithin 
the Department. Cooperation in complaint handling 
between police and citizens would increase both 
publxc confidence and fairness to all parties.

7. The Department's guidelines on the use of firearm.s 
and deadly rorce, a.nd the degree of supervisory^ 
control over abusive or excessive force of all types, 
should be carefully examined and re-worked, to 
refleer.and assure an adequate concern for the value

0003521 6 5



Page 7 ,(

C

of human life.
S. The ccnnnercial bail bond system has a per­

nicious and discriminatory effect on the boor 
and alternatives should be sought which guarantee
the poor the rights secured to all by the Eighth 

•_ Ainendment.

IĜU X
00U353



(
Page 8 C C
Chapter I. Racial Segrccration in the r-'enohis Police Departiri.ent

In 19 60 the populations of the metropolitan MeniDhis 
area v;as 37.9% black.^ In 1965 the percentage of blacks had 
risen to 40%.^ in 1967 the percentage of Memphis police­
men v;ho were black was 5.5%.^

nothing will do more in the long run to give 
Negroes confidence in the police than the presence of black 
faces on the force. People believe v;hat they see. An inte- 

scout car or an integrated police detachment proclaims 
fair and authoritative lav; enforcement; the absence of

t
integration suggests the opposite."^

Even, the tentative first steps tow^ard the representation 
black community on the police force have been rela— 

^•^vely recent, (In 1874, a city resolution v;hich v/ould 
simply have asked the Police Board to add tv;enty colored 
men to the force was defeated 16-3.^) The first black

1. U.S. Bureau of the Census, Census of Pooulation, 1960; 
Characteristics of the Population, Vol.l.

2. 1965 census estimates.
For All The People, By All The People, U.S. Commission on

Rights, 1969 (hereinafter cited as Commission Reoort),p.ll. -------  '
Police on the Urban Frontier, George Edv;ards (Judge,

U.S. Sixth Circuit Court of Aopeals; Police Commissione'^ of Detroit, 1962-3), 1968, p.86.
Nistorv of the Memphis Police Department, prepared by 
the Department in 1964, in Cossitt Librarv, Memphis. Unpaginated.'

16C. 0003 r* J
s. ̂  ^



Page 9 c
policemen, thirteen in number, v/ere added to the force 
in 1948.^

Compounding the problem of simple under-representation 
of the black community on the Memphis police force is the 
appearance that the Departir.ent becomes increasingly segregated 
at the higher levels. That is, 96.7% of the laborers 
employed by governmental bodies in the Hem.phis area in 1967 
were black. The same year/ 29.2% of the civilian staff 
of the Police Departr.ent were black. ̂  Statistics of the 
Department from August 1968 to August 1969 indicate that 
10.5% c?f the Detectives and 5.3% of the Warrant' Of ficers were
black. In 19 67, v/hen the overall percentage of black
T*» O 7 ̂  ^ only four black lieutenants 10

11b_t;7een 2.1-o and 2.6% of the lieutenants on the force. 
xMoreover, these lieutenants were in the detective unit, where 
they had no supervisory power over any white patrolmen.

6. Commission P.eport, p.9Q.
7. M  at 11.'-
8. Id at 13.
9. Figures taken from Police Department records.
10. Comanission Report, p.3.
11. In 1964 there were 151 lieutenants on the force. Fis^or^^

fiscal 1968-69 there were 189. -.ê -his ' ' Pplice_ Department P.ecuested Anoror^ at̂ ’on . ^̂’iscAT-^'o^^n unpagrnated, hereinafter cited as Budg^'t----^
12. Commission Report, p.3.

000305
16GJ



Page 10 ((. C(

c

These figures, which shov/ an increased degree of racial
Iiinbalance at the higher ranks, could be justified by ttie 

argijir.ent of history that black patroliten v;ere not available 
for proir.otion to the higher grades, v;ere it not for factors 
in the Departrr.ent' s policies v/hich allow for the possibility 
of continuing ^  facto discrimination in promotions'.

The assertion is generally made that police promotion
procedures are neutral and hon-discriminatory. For example,
the Director of Fire and Police, Frank Holloman, stated to
the'Memphis City Council on January 6, 1970:

1 * •
VJhen promotions will be made, they v/ill 

be made on the basis of seniority and 
qualifications and according to Civil Service 
rules and regulations. VThen a promotion is 
made, v;e must select one of the three top 
men on the Civil Service eligibility list.

Unfortunately this kind of assertion is not the end of 
inquiry, but only the beginning, for when the possibilities 
hidden is such language are unpacked and examined, the 
potential for discrimination appears.

In any recently integrated department, emphasis on ^
seniority v̂ ill tend to perpetuate de facto the segregation 
in the system which v;as previously practiced as open policy.
Not only is the obvious factor at v;ork— namely, that recently 
hired black policemen will necessarily lack the seniority 
required for promotion— but also the black officers will be 
subjected to the individual hostility and discrimination 
residual in a newly"integrated force.

00025=



Page 11

Seniority may be a questionable standard for promotion
in any event, given its capacity for impeding the prom.otion
of othenvise-qualified minority group'members- The quality
of the work experience must be examined, to determine its

/
relevance to the nature of the v;ork the prom.oted individual 
v/ill be asked to perform. "Quite often the highly touted
’twenty years of experience' is m.erely one year of experience 
tv;enty times."^^

A second consideration in v/eighing the objectivity of 
police promotion practices is the nature of the qualifications 
for promotion. Ratings for leadership capacity will tend 
to be poor v;here, as in Memphis, black policemen are not 
placed in positions where their leadership abilities can be' 
tested and developed. Moreover, unless the policy-making 

. officials take the strictest stand for, and em>ploy credible 
procedures to establish, objectivity in the compilation of 
evaluations by supervisors, there are two possible results: 
subtle but real forms of discrimination v/ill be used bv 
the supervisors of black policemen; and an attitude of 
pessimism, and loss of belief v/ill be fostered among black

v/ho v/ill not be convinced that they are treated 
equally by the Department.

Mr. Holloman’s statement pointed out, the 
Mem.phis Police Departeent uses the so-called "rule of three" 
in prom.otions, v/hereby those supervisors in the departm.ent

uomm.iSo ion Report, p.5G, quoting 0.Glenn Stahl, Public;onnej. f-c.minxs tration, I'arper and Ross, 19 62, n./09
IGGJ

011(1V/ 1/ I



(
Page 12 ( (

v;ho selecu j.or pronotion nake a choice for each position 
from among the tliree qualified men at the top of the register.

Since selection of one man out of three is arhitrary 
and need not be justified by those doing the selecting, the 
vigorous application of this rule tov;ard the goal of 
eliminating the under-representation of black policemen in 
the higher ranks could have a salutary effect, particularly 
if coupled with a re-evaluation toward that same end of the 
other criteria used in promotion.

On the other hand, of course, the opposite result is 
at least equally possible; that is, it has been repeatedly 
observed that a personnel director, department head, or 

sU^ervj-sor in charge of promotron-—who is himself 
probably white is unlikely to select for promotion a 
qualified black candidate over two others who are both 
equally qualified and v;hite.^^

VThether or not overt racial discrimination in promotion 
is practiced by the I-!emphis Police Department, then, is a 
question answ-erable only by the appearance that it is. This 
appearance leads to the presum.ption, at the least, that som.e 
form of discrimination— including that built into the present 
Civil Service structure— does stand in the way of promotions 
for black policemen.

This opinion is held by miembers of the black communitv.
A former policeman,.appearing before the Committee, testified

I'l. Commission -Report, p.69. 0  0  U  o  5  8

1GG9



(
Page 13 ( C
that. v;hite officers v.'ere promoted over senior black officers, 
and that "it more or less boils do'-ni to favoritism of the 
commanding officer as to v;ho gets promoted .B ut,  he also 
testified, v;ith their present jobs' and security at stake, 
black officers "are disgusted, they are frustrated, but they ’ 
are afraid to speak out, and they are not going to speak 
out, because.they probably v/ould jeopardize their jobs, 
their homes, and their families."^®

15. The Ad Hoc Committee's proceedings are transcribed in 
four volum^esr March 18 and 19, April 3, April 15, and 
April 22, 1970. These will be cited as I-IV Hearings. 
This officer's testimony is found at IV Hearings 59.

16. Id at 53.

IG . J 000350



■(

Page 13 C (
that v;hits officers v/ere proraoted over senior black officers, 
and that "it more or less boils dov.Ti to favoritism of the 
coramanding officer as to v;ho gets promoted. But, he also 
testified, v;ith their present jobs and security at stake, 
black officers "are disgusted, they are frustrated, but ■ they ‘ 
are afraid to speak out, and they are not going to speak 
out, because... they probably v/ould jeopardize their jobs, 
their homes, and their farailies . "

15. The Ad Hoc Committee's proceedings are transcribed in 
four volum.es: Ilarch 18 and 19, April 3, April 15, and 
April 22, 19 70. These v/ill be cited as I-IV Hearings. 
This officer's testimony is found at IV Hearings 59.

16. Id at 53.

1 C 7 . n 0 0 3 3 V



c

Page 19 c (
Chapter I I I - - r a d  Lach 'of P o l i c y  Control  At The Too of Tae Dooart"3nc

There i s  anpLe e v id e n c e  that  the Her.phis P o l i c e  Department  

o p e r a t e s  l a r g e l y  on i t s  ox/n i n e r t i a ,  and not  under the c o n t r o l  o f  

i t s  t i t u l a r  l e a d e r s ,  the D i r e c t o r  o f  F ir e  and P o l i c e  and the  Ch ie f  

o f  P o l i c e ,  Tilts l a c h  o f  c o n t r o l  i s  demonstrable  i n  tx;o important  

c r e a s - - j . n  the p r e v a le n c e  o f  r a c i a l l y  a b u s iv e  conduct  by n o l i c e  

o m c e r s ,  no txx t ths ten d in g  p o l i c y  pronouncements to  the c o n t r a r y ,  

and i n  the Department 's  s t r u c t u r e d  c a p a c i t y  to hide  p o l i c e  m i s ­

conduct  a t  the loT-7er l e v e l s ,

A. The I n c id e n c e  o f  R a c i a l  Abusej —  — — -— ■—

The D i r e c t o r  o f  F i r e  and P o l i c e  a s s e r t s  t h a t  "the p o l i c y  o f  

t h i s  D i v i s i o n  [ ] i0  t h a t  there  would be o n ly  one c l a s s  o f  c i t i z e n s  

and t h a t  a l l  c i t i z e n s  x7ould be t r e a t e d  a l i k e  r e g a r d l e s s  o f  r a c e ,

c r e e d ,  or  economic  s t a t u s . '  Tnis  p u b l i c  p o s i t i o n  i s  not  supported  

by r e a l i t y .

Every  i .egro X7itness xvno t e s t i f i e c  b e i o r e  the Committee c o n ­

c e r n i n g  n i s  trea tm ent  by Plemphis p o l i c e  o f f i c e r s  t e s t i f i e d  to the  

u s e  o f  o b s c e n i t y  and r a c i a l l y  a b u s iv e  language by the o f f i c e r s  

i n v o l v e d ,  'Dae most  common form o f  address  .by a Memphis po l icem an  

t o  a blac::  person  appears to  be " n i g g e r ."  An e ve ry -d ay  example i s  

t h a t  o f  a y o u th  x;ho t e s t i f i e d  tha t  he was chased by a p o l i c e  s t a t i o n  

X7agon xjh i l e  r e t u r n i n g  home from a b a s k e t b a l l  game. In h i s  words:

Letter from Director ITollcman to Chief Z.A. ;-Iamilton, uanuary 
22, 1953. See also letters March 13, 1959 and October 5.
1959 CO '■i.A..A. C.P. Z:<ccutiv3 Deere tary Maxine Smith; -also
nemoran-xaim to Fxlice P-r.so:;r.el attached to letter o-’ '■•’e'̂ cn VO I'-'. - 7.1 ̂ ‘ -;c.vv-e '.uiiire, '.'ctors

C^} X.0 $

f; , s <> (- 7'.u  vj u  x) :> M



Pago 20 A
( (

/. o . r i c e r .  t h a t  was d r i v i n g  got  out  o f  the car

and asked ne where I had been .  I - t o l d  him I was j u s t  

coming back from the b a s k e t b a l l  game. He asked me who 

xcon, and I  t o l d  him we d i d .  He asked me where I was 

g o i n g .  I  t o l d  him. He s a i d ,  ”I  have done t o ld  you

^-22-^3  to  s t a y  o f f  the s t r e e t  one t i m e . ” Then 

he s lu n g  me a g a i n s t  the c a r .  As he s lu n g  me a g a i n s t  

th e  c a r ,  a n o th e r  policem.an came cu t  o f  the d i t c h  with  

a gun i n  one hand and a s t i c k  i n  the o t h e r  one.

Q u e s t io n :  knat  happened whan the pol iceman  came back 

tip to  the c a r  then?

Answer:  He asked me where I  had been ,  and I  t o ld  him,.

înd then he s a i d ,  I  t o ld  you damn n i g g e r s  to s t a y  o f f  

una s t r e e t  one cim,e. I  s a i d ,  I  was g o in g  home. And 

then he h i t  me on the l e g  w i th  the s t i c k ,  and he turned  

me around and throwed m,e back up a g a i n s t  the car  and h i t  

ma i n  .̂he bacn,  and tnen I  turned around,  and he h i t  Cie 

on 1,’ne .cnee w i th  the s t i c k ,  and then he jabbed me in  the  

p r i v a t e s  w i t h  the knee ,  and he t o l d  me I d o n ' t  want to 

c a t c h  you dam.n n i g g e r s  on the s t r e e t  no m.ore. He s a i d ,  

i f  I  c a t c h  you I am. go ing  to b e a t  you b e t t e r  than I did  

tim.e, and tnen i  sm go ing  to take you i n ,  and 

g e t  your  a s s e s  on home. Hu s a i d  I had b e t t e r  not  c a tc h  

you ,  by tne ti.m.e I ma'-.e i t  over  on Shannon S t r e e t  you had 

b e t t e r  be in the house .

-f p  !-'<• .
4.U s

n  1 ■5 o  ' j t.'' iu!' J U  O  >.} J.



?ar.2 21
(

Q ue st ion :  How nary tin.es then x/era you s t r u c ’n a i to £ e t n e r ? .  

Answer: Four tir.;es.

Q u e s t io n :  a.ne l a s t  t i n e  when he jabbed i n  your p r i v a t e  p a r t s ,

v.'ere you s t r u o h ---- how f a r  ŵ as he s t a n d in g  fron  you v;hen he

jabbed you?

Answer: He was r i g h t  up on ne .

Q u e s t io n :  Did he swing h i s  s t i c k ,  or d id  he jab i t  a t  you? 

Ansxver: Ke jabbed i t .

Q u e s t i o n :  Has t here  any doubt i n  your mind t h a t  he d e l i b e r a t a l y  

jabbed  you there?

Tlie D i r e c t o r  o f  F i r e  and P o l i c e ,  w i t h  the  C h ie f  o f  P o l i c e  

below- him, has r e s p o n s i b i l i t y  fo r  and s u p e r v i s o r y  c o n t r o l  over  

tne llorapnis P o l i c e  Departsient .  Tlie £-:ttent to  which th e se  men kno'w 

o” w i l l  adrtit  t o  tne c o n d i t i o n  o f  the Department,  how'ever, cay  

be found i n  the C h i e f ' s  answer to  t h i s  q u e s t i o n :

"Do you th in k  t h e r e  i s  any e v id e n c e  o f  r a c i a l  p r e j u d i c e  i n  the  

Memphis P o l i c e  Department?"

Answer:""!  s u s p e c t  t h a t  I  ’•rould be the l a s t  one to know." 27

I t  i s  r e g r e t t a b l y  u n t h in k a b le  t h a t  r a c i a l  p r e j u d i c e  should
% f '

not  e x i s t  among a 3571 v;hite p o l i c e  f o r c e  i n  a Southern c i t y .  The 

p o i n t  J iere,  however,  i s  tha t  the Department 's  p u t a t i v e  l e a d e r s  

should  do so l i t t l e  about  i t .

The " f i r s t - c l a s s  c i t i z e n "  r.enorandum d i s t r i b u t e d  to p o l i c e

2 5 .  I l l  H - a r i n - r  7 5 - 7 7 . 1G7. ! \ l \ l  . ') C ' OU U U 6 b A.
7^ • u n p o s i t I ’.i H e r n s  v .  C i t y  o f  M e-.'-oh i.s , r t d c r a l  C i v ' l l  H e .  7 0 - 5 1



Pcge 22 r C
23

p e r s o n n e l  e a r l y  In 1363 , has been o f  nc 2 l i 3 i b l e  e f f e c ! : .  A foimer  

lieciphis po l ice ;nan ,  t e s t i f y i n g  b e f o r e  the C o i .m it tee , i n d i c a t e d  tha t  

the D i r e c t o r ' s  rr-eciorandun x.-as l a r g e l y  ignored:  '

Q ue st ion :  During your p e r io d  on the Ilex.phis P o l i c e  Force v e r e  

t h e re  any i n s t r u c t i o n s  i s s u e d  g e n e r a l l y  about the use  o f  

d e r o g a t o r y  terms and r a c i a l  s l u r s ?

AnsX'/ar: P r i o r  to l e a v i n g  the P o l i c e  Department I  thinit I  

r e c a l l  a mercoranduci con ing  doxra from the h ig h e r  o f f i c e  

s t a t i n g  t h a t  a b u s iv e  language  vo u ld  no t  ba condoned or  

t o l e r a t e d  in  the d e p a r t m e n t . . . .

Q u e s t io n :  Things d i d n ' t  change a f t e r  the nenorandun?

Andver:  No.

Q u e s t io n :  Bo you th in k  any o f  the x/hite  p o l i c e  o f f i c e r s

v;ho u se d  those  t er n s  f e a r e d  th a t  any ad ve r se  c o nseru en ces

xjould occur  i f  they  c o n t in u e d  to use  th o s e  t e r n s  a f t e r

t h a t  necin, or t h a t  they  v e r e  a f r a i d  i n  any vay tha t

t h e i r  pronoCions  might be a f f e c t e d ?
29

Answer: I  d o n ' t  thin!: s o .

z'

The Committee a f t e r  i t s  h e a r i n g s  had no reason  to th in k  so  e i t h e r .  

The t e s t im o n y  o f  the x ; i t n e s s e s  b e f o r e  i t  i s  u g l y :

"He s a i d j . y o u  b lack  son o f  a b i t c h  d o n ' t  you knox^

they a i n ' t  n o t h in g  in  the world  that  a son o f  a b i t c h

. 30l i k e  you i s  supposed to un d er s tan d ."

23. See n .2 5 .

21. IV l i e a r i ri'j.' ou-67.  

30.  I l l  Hearinc-.-; 15. 1 OKI • 
-L U J

0 0 0 O



Pace 23 C (
"After die officer got there they started telling

us v;hat...all kinds of black mother fuckers and

niggers, and then he started to hit me in the side
31with the stick." '

"I was laying on the ground, and...I kept calling

out, and told hie that I was shot...and he told me, -

he said, turn over, you black SOB, like that with
32

his foot, kicked tie over."

"Tnis officer was talking to me, told this officer
33

this nigger don't know how to say 'Yassah'" and 'Nesah'
!

The clearest testimony to the existence of a double standard 

of language and conduct was contained in the testimony of a white 

attorney attached to the United States Department of Justice, who 

on the evening of December 27, 1969 was stopped by Memphis police, 

In his words:

The f-polic^man that was driving the car said at that 

time words to the effect, if we see you driving through 

the black section we're going to lock you up. He didn't 

say the black section, ha said "niggertown."

,.,Ee reached in the car, grabbed me by the shirt 

'collar, jerl;ed me cut of the car, ripping my shirt...and 

hit me t'area times with the flat of his hand on the left

31. at 111.

32. IV Heariri-s 33-G7.

33. Id at 115.
I C V g

0 0 0 3 B4



Past; 24 ('

side oi ciV r.ec!;....'

The nandiesc fora of idsnOificatioa that I could get 

to was ny Justice Departaent I.D. folder,- so I showed hia

that. Proa that point forrrard the ataosphere of th.s whole
/

confrontation shifted significantly. He said that he was

extreaely sorry for what had happened, and if I had only

told hia that I was with the Departaent earlier we wouldn't
34have had any ti-ouble.

Notivitnstaadrng the Director's public assertions, then, that all 

citizens of Meaphis are "first-class," it is clear that tha departaent- 

■wide policy is to treat blade citizens as considerably less first-class 

than white.

B. Papartreentai Insulation of liiscor.duct

In Chapter rl the statistics given which describe the degree

to which the Police Department's top policy makers are isolated by a

top-heavy bureaucracy from contact with lower-ranking officers. As an

example, the Gnief, an Assistant Chief, and an Inspector stand bet-̂ ./een

the Director and tne Captain in charge of the Internal Affairs Bureau.

This stiructure itself violates the concept that there should be direct
35access to the top in disciplinary matters. Moreover, the figures are 

given at page 15 which show that the Departaent has from two to eight 

times as many lieutenants and from t’wo and a half to fourteen times as

34. Id. at 15-17.

35. See Chapter V. infra regarding the operation of tl-.c Internal
0 0 0 3 B 5

Affairs Eu7'cau.

16?V



Pars 50 ( C
In the morning or that day a prir.arily v;hit;e Veterans' Day parade 

\/as iiald. Police presence '■..•os lijht. A photograp’i shoved no police at 

Che intersection of Main and Ad a res . .

That afternoon a primarily blacl; group marched to City Hall, one 

in a series of marches connected v;ith protests over school policies 

and conditions. Police coverage vas intense. Photographic evidence 

snov;ad tnirteen uniformed policem.sn in riot helm.ats and eight motor­

cycles on the i.-;oin and A-..ams corrier which had been empty in the morning.

Given such disparities, olacks in Memphis conclude that excessive police
62"protection" becomes intimidation.

I
Tne young black witnesses before the CccimitCee testified to a man 

that the normal reaction to the approach of a patrol car is to run, for 

fear of the consequences of being stopped by the police. Tne belief 

is held by black youths that if they lean into a police car to ans’.;er 

questions, cney will be trapped by the neck by a rolled-up .̂’indow and 

dragged by the police car. lAiile such a tale may partake of m.j'th to 

a certain extent, an adult witness— a professional man of substantial

comiaunity stature —  testiiied to seeing such an incident in his own
63 66

youth. Tr.e fear of such torture is real among young blacks, and

this fear is reinforced by the incidents of gratuitous^harassment and

tne often unpleasant consequences. Young black male witnesses testified

to verbal abuse and undignified searches; beatings and shootings occur

all too frequently. Police force in such cases was often not justified

by findings in later judicial proceedings. Charges were either dropped

I
f '

Thes;
Comm.itrue ' s nroccedins

o.̂ . Taese paotographs are exhibits 32,53, and 54 to Volume II of the 00031^ c

63. Ill Hear'r^'s 211 1G78



51
(

c (
or >.oc loosed a; 5 ,;,

_ 0 - Or t,.o,a practices, acd the atteodect 
^053 Of police credibiU-v -'-r.> '-'‘2 p03sic'e - 1 c---t. cene>.d.r.i,ul effects of such

cs a L'olice 'o<5'-'-.-oi ■' t
-oor..._ ,ea.ue or Goldoa Gloves fouraatnent are 

f]ue5tionable. ,

an ex-..c^_^sr:an testified to the Corrunittea:

Til.. c-....uniLV relations bureau...had ciade

tremendous progress in trying to create a better

. relationship between the-community and the police

ciepartment, but a few man cannot do this....rney

raiGht meet at a specific meeting, they might

’ have some of the cormnunity people there to discuss

issues, and some of the people might decide to

have faith and believe in these people, but when

tne meeting is over, and the people leave and '

val!: outside, and up the street they see a patrol '

car with uniformed officers beating and brutalicing

people, then this doesn't create a favorable image

on tl.ieir oehalf, and they are a little dubious '

about accepting anything that the colic‘s dera-t-^^n^ 
says.

S e \ . . a l  o . e p s  must be t ahen by >-he 2 - -  = — --n-  •> -̂ ?a......eni. in order to establish
' c o m m u n i t y  r e I . a t i o n - = ; "  a r  a

- cructive rorce for positive law
mev t, in contrar. t

I'v en force-
CO Its present impotent for.m:

1. The Department must achnovled - in aAn n <...rJi.ip.e rnmnner its need

. J.V n P p r' {}! j u O'

iG'i'g



REPOnr OF CO'JN’CIL TMVESTIGATIN’G COS'uVITTnF

The Council Invcstiaatir.g Connittoe wcs created pursuant 
to a resolution of the Council o£ t!ie City of Mer.phis anted 

Sc-otessber S, 1972. The resolution is as follows:
RESOLUTION'

V-’HEREAS, the City Council Police Cocuitteo has 
nade its report and recouiraendations concerning 
a. police investigation; and
'.vnEREAS, a program of investigation was proposed; 
and
bTIEREAS, a cost estimate was presented.
N'O'.'.', THEREFORE, 5E IT RESOLVED that the Council 
accents and adopts the report and recorsr.encatior.s 
of the Police Committee regarding investigation 
of the Memphis Police Department; and 
BE IT FURTHER RESOLVED that the Council appropri­
ates $30,000 from Legislative Division, Bureau 
1113, Miscellaneous Contingencies, to City Council,

I Bureau 1101, Line SOS, Lump Sum Appropriation; and
expenditures of said appropriated funds shall have 
the prior approval of the Police Committee; and 
3E IT FURTHER RESOLVED that the Council Police 
Committee.will require from its investigators fre­
quent reports, including financial expenditures, 
which will be miade available to the Council: and 
BE IT FURT'riER RESOLVED that all news releases pid 
comments and reports concerning the investigation 
will come only through the Council's Police Com­
mittee ; and . . , ,
BE IT FURTHER RESOLVED that the investigation should 
extend only for a ninety (90) day period^and that 
any extensions of time or requests for additional^ 
appropriations of funds shall be brought to the City 
Council and shall not be carried on without a ma­
jority vote of the City Council; and 
BE IT FURTHER RESOLl'ED that a majority vote of the 
City Council may terminate the investigation when­
ever it appears that further expenditure of time or 
funds will produce no further beneficial results.

PURPOSE
Th.o purpose of the Coamitteo has been to investigate 

complaints and reports of misconduct by members of the Memphis Police 

Department and report the findings to the Council. The action of 
the Council in adopting the resolution creating the Committee was 
prompted by widespread community concern over possible niscontiuct 
and improper activities on the part of some numbers of tno 

Police Department.

0 0 0 S U 8
ICS.,



-.h. ii^ctlcr. of oho Coooci'. o»i '-ho r«ool'o-.io„ a.-.Oor 

it wji: criiivCd.

INVSSTIGATIVs RHSULTS
A total of ___ complaints or incidents have boon vopc-.v-o.

.0 aooo. Tho:,o oro i.corpor.toa io s.poooo. filos .hioh or. - o o  
o„o. Cor.=i-.oo. uofor oop.r-o cover s.bj.cr to iootrcctror.c 

r,.„.r tho Co«cil. Th.o. fil.r or. n».ricol!y rdor.r-oc^o.. ...- 
of rhU report it cootoi,,.. .Heroin. They sy.oH -or t......

Tho filor toy.' *
Clndo ror.ronc.o to r.oro th.n M  individcoio »ho or. bolrovcc ..

ho corrontiy r.or.boro of tho «o.pHio Poiic O.portr.ont. ,.oo p.n-
. • re''at33 to alleg-wj.c..s

: era! nature of the infonaataou xn . -
use of excessive force. Inch of enforcement and .axlu. .

.pond when called, rudeness, harassment. ̂ payoff.
,.;.ed- r'obbery. burglaries, use of narcotxcs , an. ot. > i ...

•or, ---in<it the officers inplicated rou.e'.=>.-',-ilaints. The evidence ».i<.inst
. • - -v is corroborated down to unsupported opinion.£i-o.n that -y/nicn is cerro-o

FIKDIS’GS
contact with members of the Xemphis Police Based upon contact.

. noon the overall experience of the investigation. Department and upon tne
tr.e Committee has made the following binding ^

1. The M..phit nolit. =.I>*rtr..Ht »..d» r.tPr.r... .
« aTT * sHl p •

Chpchl., prpf»rio.a:, ..a - 0-
. Th.r. it PH attltud.-o£ a.f.»rrv...r= PH a*

■a-hpr oftuira of th. «..pHiP f>ii« O.p.rtp.ht, ir.ciPdrhP .

:::: tp ..0^.. ............. .na i - — • . .  . h . ...»

p p U c r ^ p r o M - . ^ ^  .£

-V,.- of tho Police Department both in making a r r o ^  -- 
porno membo.i _ i,.,tonces of dehu..-.-n-
xiter the prisoner is in custody, icerc

r rv^rcons both male and femaie.
i-oing treatment of per . - , p„..,otion--l

4, There is a need for a conpi.^e rov..

160 0 0 0 :< B n
4 -



policies v/ichir. the Police uOpaTtcior.c.
5. Thu st<icus of black officers poses a uCiicce cr.c 

i,pccial proliloir.. Many of them feel that they are under tee sup-r- 
viaioa of some ir.sesisitive white officers, with the result that 
their working conJitions are comparatively more difficult. .•ur:.;er, 
there exists little or no policy for promotion of black officers.

6. Serious factional divisions exist in the Police depart­
ment which affect the selection of top officers and are generally 
detrimental to the efficient functioning of the Department.

7. High ranking, capable, experienced, and highly po._a 

officers on the Department are relegated to unproductive policing

r0*6 ̂ •
8. There is an apparent absence of intensive supervision 

af officers on duty, particularly on night shirts. .
) ‘ N'o findings are made with respect to tec.nnical or p.o.cj-

s'ional procedures. , - ’
. ' ' RHCO.’-g'iENDATION’S

• 1. The key to a top caliber and successrul Ponce Depart­
ment is intelligent.-capable, professional and above all, respected 

ICwdorship. It is the strong feeling of a larg- segment of t.-.c 

Police Department and many members of the public that the Police 
' Department does not have this kind of leadership. The best at­
tention of local government should be directed to encouraging t.io 

. davclcpnant and employment of highly qualified officers in posi­

tions of leadership.
2. Consideration should be given to obtaining a study 

end report by an organiiation qualified to make technical ana 
professional evaluations, such as the Internation.al Association

of Chiefs of Police.
3. Consideration should be given to the foraation of a

crime commission made up of private cititens. such a.s has success- 
♦

fully beer, utilized in Now Orleans.
4. There is' a need for close and rigid supervision of

' iha activities of all police officers by supervisory personnel.

IGP ̂ifj. 00037 n
.  s



5.  T-orc- i s  i  need f o /  U'lon eut.ve. .c.> o*. >.

e - d  deccrncy by ac-r.bers o f  th e  P o l i c e  SenAVt.ie.-.t to - . * . -  i

v i ' - u ^ l s  w;\en on duty and nc tinp,  as p o l i c e  o x ' t i c u r s .

6 .  A h r o n c  t r a i n i n g  proevair . , i n c l u d i n g  cduonf .o r .  i;,

o f  t;»u c v e r i l l  f - n c t i o n s  o f  g o v o r n n e n t ,  as w e l l  as

nol ' - c e  n e t h o d i  and th e  b e h a v i o r a l  s c i e n c e s ,  s h o u l d  bo i n s t a t e«
and a l l  p o l i c e  p e r s o n n e l  s h o u l d  a t t e n d  on a r o c u m n s  p e r i o c ;

7, Clear and definite steps should be taaan to cs tan ̂ ̂

 ̂policy and to indoctrinate all police officers against the use 

of excessive end unnecessary fores and brutality.
8. A comple te  rev iew  o f  p r o m o t i o n a l  p o l i c i e s ,  in c iu . . - . :^

revising the Civil Service regulations, should be made.
5 , p. complete re-evaluation should be made- oi the stei.us 

of black officers with particular emphasis being given to fair 
treatment, fair compensation and fair promotional and job assign­

ment ' policies . -
10. Evidence of a wide variety of unprofessional and 

criminal acts involving present officers of the Police Depavt- 
Kunt appears in the files. Efforts should be made to establish 
the fitness or unfitness of these officers for service on the 

:.'emphis Police Department.
. 11. The methods of seeking information from witnesses by

the Internal Affairs Division should be improved so that a pai.^- 
cular witness will not be called upon to make a statement or 

• accusation in an atmosphere which does not invite ' disclosure. .•̂w

■ minimum, a change of location from office space in the Police 
uviartmcnt is desirable. Further, consideration should be giver, 

to'removal of the Internal Affairs Division from the chain cf 
couv.ar.d to the Director of Police. Officers should be assignee 
e.wrcto either per.r.anently or in such a way that they would not 
oe involved'on duty with officers they had previously had under

investigation. •,
12. The Council should recognize the nature of tee ma

t.'.e

terial

1GS.3 / A.



MEMP H I S  POLICE A N D  THE M I N O R I T Y  COiMJTJNI'l'Y:
A CRITIQUE

X h/Xy: t~ ^

Prepared by
Comraunity Relations Service _ 

United States Department of Juŝ tic.e

May ,1974

1G3 . { r !) ‘J ‘y ‘ -U 'j' o ( I-'



TABLE OF CONTENTS

Preface

Page

I. Introduction
A. Background
B. Staffing
C. Distribution Characteristics
D. Employment Conditions
E. Summary

II. Minority Employment and Hiring
A. Selection Process
B. Current Recruitment Efforts
C. Barriers to Minority

Employment
t

III, Training
A. Training Structure • •
B. Curriculum
C. Academy Staff

IV, Complaint Procedure
A. Internal Affairs
B, Polygraph

V. Policies, Procedures and 
•Communications

VI. Police-Community Relations
A, Existing Program
B. Programs •

VII. . Use of Firearms 
VIII. Concluding Observations

1
1
3
4
5
6

8
11
13

18
20
21

23
26
29

31
32
34
36

uoo;';7:i

1 6 ”O J



PREFAC2
ay, mo^ ::han ever before, the police system 

is being exam-: and changes advocated. There is
a groining t.'-ndci‘ to question the ability of the 
police sy?iom to t the challenge of change. However, 
it should be recf' ized that the current "crisis" of the 
■Dclice is not un •- the crisis facing other social 
institutions. oed, our legislative bodies, courts,
correctional sy? m, educational institutions, public 
managementarc all experiencing dilemmas. Many of tlie 
problems of the police, however, appear to be solvable-- 
but to do so will require constructive action on the part 
of the police department, city government,- and the general 
public. Mere criticism, without a commitment to construc>.ive 
action is not the answer'.

This CRS survey serves as an example of what can be 
done to assist the Memphis Police Department (MPD) to 
develop more effective relations with its minority community. 
The survey resulted from an offer Mr. Ozell Sutton, Southeast 
Regional Director of the Community Relations Service (CRS) 
made to Mr. J. W. Hubbard, Director of the Police Department, 
City of Memphis, to provide mediation assistance to the 
police and black community. The survey includes, but is

1 6 S u
00037'1



not limited to, the following areas: pclice-communit/
relations, firearms policies, recruitment of minority 
officers, training, and deployment.^

Submission of this survey concludes one of three 
phases leading to formal mediation. The workshop, to be 
conducted on iMay 25, 1974, is the second phase of the 
process of further identifying and isolating police/community 
problems. The third phase--that of formal negotiations 
aimed at resolving the differences through constructive 
action--is scheduled to begin following the workshop.

This approach on the part of the MPD is most certainly 
commendable and consistent with the Standard 1.4 of tne 
Police Report of the National Advisory Commission on 
Criminal Justice Standards and Goals (Goals Commission) 
which reads in part:

Every police agency that has racial and^ 
ethnic minority groups of significant_sxze 
within its jurisdiction should recognize 
their police needs and should, where 
appropriate, develop means to insure 
effective communication with such groups.

The methodology for conducting the survey consisted 
of on-site observations, personal and group interviews

i
and the review of copious amounts of printed material.
In reviewing this report, however, the reader should keep

11

000;575
1607



in mind that although the survey represents a cooperative 
effort on the part of the CRS survey team and the M?D ii. 
does not represent an in-depth survey-or extensive revxew 
of the various related sources. . Such an activity would 
require several weehs to complete, for whicn the time fraiue 
did not allow.

The survey was conducted hy CRS conciliator Fred Crawa.ord, 
•of the Atlanta, Georgia, regional office. He was assisted 
by CRS consultants Professor Edward Morgan, chairman of uhe 
department of criminal justice of New York State University 
at Buffalo, and Dr, Lee Brown, associate director of the 
institute of urban (affairs and research at Howard University,

Washington, D.C.
CRS expresses its sincere appreciation to Director Hubbard 

and the many members of the MPD, city officials and the 
various members of the community for their cooperation and

input.

Ill

()on;57;;



I. INTRODUCTION

A. Background

The shooting death o£ a black by a white has never 
caused such a dainaging and lasting effect on a city, a 
nation, or a people, as the assassination of Dr. Martin 
Luther King, Jr., in Memphis in 1968. That death was 
instrumental in widening the chasm between the black and 
.white communities of that city. Directly related to this 
is the fact that in Memphis, as v/ell as other cities 
throughout tlie nation, blacks have also been killed by law 
enforcement officials and with few exceptions such cases 
have been ruled justifiable homicide. Although such 
instances are hot as prevalent today as they were in che 
past, other forms of abuse are still being experienced 
by blacks. In fact, the MPD has a history of conflict 
with the black community. Without going into details, 
let it suffice to say that today the conflict is mani” 
festing itself in several ways:

--inherent distrust of the police by many segments 
of the black community ,

--the negative image of the police affecting minority 
recruitment

--tension between the police and the black communicy

0 0 0 3O ( (

1603



;pici^. o£ 'blacks by .aany policemen.
W' > such -ackdrop, the Memphis City administration 

movcu to ame: s overall police, image and modify certain
police op-...aLio 1 procedures. The-first positive move was 
to hire Mr. J.  'ubbard, retired Marine Corps General,
as Director of Police in 1972. However, the distrust was 
greatly accentuated by the recent (December 13735 acquittal 
of eight law enforcement officers who had been charged in 
the fatal beating of a blach youth, Elton Kayes, in 1371. 
Many blacks saw this as an indication that the life of a 
black is insignificant in the eyes of the "system".

Community organizations, civil rights groups and 
individual citizens responded quite vocally to the announced 
acquittal. The Memphis 'chapter of the NA.1CP requested the 
U.S.'Department of Justice, Civil Rights Division, to make  ̂
a thorough and Independent investigation into both tne deaon 
and the subsequent trial. The U.S. Attorney's ofiice for 
the Western District of Tennessee (Memphis) initiated
preliminary inquiries'into the case.

1 1 .w,_ rninmunitv unrest stemming fromThe CRS responded wO tne commuiii. /
the acquittal. Subsequently, the agency offered to provide

■ mediation assistance to the MPD andblack community, which

both accepted.

i } 0 0 3 7 ( ;

IG'"



Ein'ployge benefits are coiriT̂ etiuive m  all câ -egories. 
These factors should not cause difficulties in recruicmenu 
or retention. However, the infrequency of promotional 
opportunities is not conducive to the retention Ox the 
most intelligent, dynamic, and highly educated officers.

Minority repr’esentatiori in the officer ranks is_op.iX
10.05 percent.*

MPD is currently undergoing a major reorganization. 
Significant clianges have occurred and others are in the 
various stages of planning. Inherent in such activities 
is an element of insecurity and instability on the part 
of employees. ' This -often brings a reaction of tenaciousxy 
adhering to the status quo irrespective of its consequences.

* See Table I.

0 0 0 ^ 7 a



II. MINORITY EMPLOYMENT 'AND HIRING
A. Selection Pro'c'ess
The Memphis .Police Department has eliminated .the 

written entrance examination as a selection device. Somie 
have applauded this, claiming that since the state-of-the- 
art relative to examinations is such that .'.there does not 
exist an exam that is both predictive of job performance 
and at the same time culturally unbiased.

Although statistics were not available, it was felt 
by those interviev;ed that prior -to its elimination, the 
written examination was a major stumbling buoclc to ,ma.norxty 
employment. i .

As listed on the Civil Service notice for the position 
of patrolmen, the qualifications are as follows:

Minimum of two years of college (^8 semester 
hours or 72 quarter hours); ability to make 
written reports; ability to pass required mental, medical, physical and agility tests. 
Minimum age of 21 years; must be courteous, 
loyal, emotionally mature and stable; good appearance and speech; alert v/ith keen pov/ers 
of observation; aptitude for investigational 
work; high moral standards.

Applicants meeting the above qualifications enter into 
the selection process as follows:

) 0 0 3 8 (

GG.-



1. Obtain •A'opli'c'afI'on: Applications'.for .'the position,
must be obtained and returned to the .Personnel 
Division in City Hall. . Applications are not .avail­
able in the police department or any .iother place

■ in the city/-.but are available from the police 
recruiting team,

2. Fingerprints; Applicants must be fingerprinted 
by the police department. At' that ..time they, fill-

«
out a personal history form which will bemused by 
the-police department in making its background 
investigation.

3. Me di cal Ex amin at ion: Arrangements for the medical
examination are made by the personnel division.
The City has aTcontract with the Mid-South Medical 
Association (a group of doctors) to perform this 
service at no cost to the applicant.

4. Background Investigation; A background investi­
gation is conducted by a.lieutenant .who works out 
of the same office as the polygraph examiners.

5. Agility Test: The agility .test .is administered
by the police department and consists of .ten 
exercises each having a maximum point .value oi 
ten points. A score of seventy points minimum 
is passing. The exercises, are as follows:

0 0 0 3 o J .

1G.0



10

o -ility Jumps
o Back Stretch --
o Broad Jump 
o' Dips
o Balance Beam 
o Hand Walk Parallel Bars 
o Situps 
o Chin Ups 
o Push Ups 
o Half Kile Run

6, Polygraph examinations: The polygraph examination
is administered by MPD*

'I. Psychological Test: The psychological examination
is administered by contractual arrangement, bj 
Middle Tennessee State University. There are three 
exams used; (1) Minnesota Multiphasic Personality 
Inventory, (2) Otis Quick Score, and (3) Occupational 
Interest Survey. It should be noted that this test 
is not administered until the applicants are j.n the
Police Academy training program.

8. Oral Interviews; The oral interview board, appointed 
by the Director of Police, is composed of two police 
officials and_one staff member from the City's Per-, 
sonnel Division.

0 00 3 o : ^



11

Af pllcarr fail .m-.y stage of the preceding
select! . proce; Those who complete the entire process

by the Personnel Division and given 
lice. The list is not a priority 
ates— rather they are listed alpha- 
'i3,o'7» 'of Police has the authority 1--Q 
he list.

are placed on a 

to the D i r e ’’i.or oT 

ranking of *'ne cat' 

betically. The' D:i 

appoint a n y one 'fr 

Once appoints the applicant enters into the Police 
Academy which is ,1.' ...d about three times a year. If he com­
pletes the academy, he serves a 1-year probationary perioo.

B. Current' Recruitment' Efforts

Similar to many police agencies throughout the nation, 
only recently has Î ?D embarked upon a systematic recruitment 
program. It was even more recent that it has voicea .its 
concern about the disproportionate number of minority employees. 
Although the black population of Memphis is 39 percent of the 
total population, only 10 percent of the police officers are 
black. In the officer ranks (lieutenant to director), the 
figures are worse. Only 3-1 percent of the officers are 
black with no blacks holding a rank above captain.

[i -.j U P' 'h

16G.* j



12

Table III ■
Personnel Deo loyment by Rank and Race

Rank ■ Total . Ivriite Black
Patrolman 627 536 91
V/arrant Officer 20 20 0
Sergeant 239 222 17
Lieutenant 15 A 1A9 5
Ca;)tain A9 A 7 2
Inspector 12 12 0
Chief Inspector 3 3 0
Deputy Chief 3 3 0
Chief 1 1 0
Director 1 1 0

Four sergeants comprise the police departments biracial 
recruitment team. To date, that team has _directed the 
majority of its efforts to an extensive out-of-town recruit­
ment drive. Because of the department’s college requirement, 
the focus has been on college campuses. Although no Oxfj.Ca.al 
policy has been issued stating that minority recruitm.ent is 
a priority, the team has visited 7 predominately black colleges. 
Out-of-town recruitment efforts have not been as successxul 
as desired, especially with respect to the hiring of minoritiec. 
This is recognized by the recruiting team and they attr-xbu^e 
that fact to their inexperience in out-of-town recruitment.

The recruiters have been even less successful in attracting 
minority candidates from the local colleges. MPD’s cadet 
program, which began last September, is looked upon as a major 
' source for recruitment. Of the 35 positions in the program 
(some have dropped out for various reasons) approxxmacely AO

oooaa'i
IG o ^

...— I



percent is black. • Efforts ,to . recruit ..blacks from .the'..local 
high schools '.into the.cadet program hav-e- been .unsuccessful. 
Hostility of, black high school students and peex' .pressure 
seem to account- for this.

Other local recruitment efforts consist of placing ada 
in ne'.vspapersj public service announcements on radio and 
televislonj and support from the Chamber of.Commerce.
Minority newspapers and radio pr’ograms have been used 
periodically.

Effective June 3, 197^, 80 cipplicants are prepared to 
enter the Police Academy. Of that number, 38 are minorities—  
32 black males,.5 females and 1 American Indian.

C. Barriers to Minority Employment
<•
The essential Ingredient for a successful minority 

recru-ltment program is sincerity and commitment on tne part 
of the chief executive officer to increase the minority 
representation in his department, 'without that commitn.eno, 
no minority recruitment program will be successful, at is 
felt that such a commitment is present in the form of tne 
existing police director. Nevertheless, there still exist ■ 
certain barriers that limit the number of minority police 
officers in the MPD. These barriers are as follows—

—  Two Year College Requirement
The requirement that applicants for the .position .of

lecv
(if!



14

! patrolman v/ith MPD. have 2 years of college is,consistent
;vith conternpoirary police thought. The ■'Natioiial Aovisory
Commission on Criminal Justice Standards and Goals, for
example, 1'j.as a standard that reads in part:

Every police agency "should require_immediately, 
as a condition of.initial employment, the com.- 
pletion of at least 1 year of education (30 semester units) at an accredited college or 
university.

The Commission goes on .to recommend that entrance 
requirements be Increased so that by 1975 î  ̂ is 2 years,
1978, 3 yearsj and 1982, 4 years.

The justification of this .trend by the police is based 
upon the increased educational level of the soca.ety and 
the desire of the police, to achieve a status of professionallsui.

There are those who oppose such educational requirements. 
The opposition is based primarily on the fact that no empirical 
evideiice has )been presented to show that a college education 
makes a better' policeman, nor that a college requirement, is
related to,;job performance.

This survey indicates that college requirements .lor 
entrance into the .MPD has had impact on the MPD's ability to 
attract minority applicants and severely limits tne recruiting
market.

I

— Inadequate Recruitment Program
Successful minority hiring is directly related.to an

I

i

0 0 1 'A O v'

pO '1 0 o j



1 effective luinority recruitr.ient .program. Recruitment .efforts 
I of MFD are currently ..divided.Ibetween the .City ..Personnel 
• Division and the .department.. The recruitment efforts of the 
I Personnel Division consistImainly‘of what can best .be called 
the ''shotgun'* approach. It.posts job announcements, places 
ads in papers .and loccaslonally .runs ;ads .in police .journals. 
Such an effort over the words "Equal Oppox’tunlty Employers," 
it is felt, hardly meets the needs of the MPD.

As indicated at the beginning of this survey, the MPD 
does not enjoy a good image in many parts .of the minority 
community. This fact becomes very significant ..when viewed 
in context of recruiting minority applicants.

-•-Polygraoh Examination
Although no statistical evidence is .available to support 

the charge, it was the consensus of many interviewed that 
about 75 percent' of the black applicants who are tested by 
the polygx'aph examiner fall. If this is the case, tiie writuen 
examination as an artificial barrier to minority hiring has 
been replaced by the polygraph examination.

— Background liive'st igati'on
There is no evidence that the background investigation 

conducted by the MFD impacts negatively on black applicants. 
(However, experience elsewhere has shown this to oe a major 
problem. Por.that reason, the potential of the.problem is

115
1

on 0 : 3 87

160j



expressed ir. .this. SLU'vey.) . !
— Abse'n.;e' of T̂ Ilho'r’i'ty''Superior' QiTlc'e.rs
As noted in Teole IXI, IbnlyP'^rcent .of .the officers 

in the W?D are black. This .fact .represents a serious barrier 
to minority recruitTr.ent and .retention. Young.blacks who may 
consider employment with ,the ;.?4?D may ̂ decide otherwise, 
feeling that'.their opportunities Tor advancement are'limited. 

— Non-Exir.tene'e' oT 'A'ffir'inat'iVe' Action ’Flan 
An affj.rmative action plan establishing obtainable 

goals for minority recruitment and promotion. Including 
civilian employees, does not exist. The Police Report of
\,'ae Stand,ards and Goals Commission states:\

Every police .agency should engage in positive 
elTorts to employ ethnic minority grdup members.
Viien a substantial ethnic, tainoritŷ  population resides vrithin the Jurisdiction, the police agency should take affirmative action to achieve 
a ratio of minority group employees in approxi­mate' proportion to t’ne makeup of the popuj-ation.

Other barriers found in the course of the survey inciude
the failure to—  ^

o Utilise the Community Service Officer and Community 
Service Aide Positions as Minority Recruitment 
Positions

o Distribute Applications at Police Facilities
o Utilize Minorities on Oral Interview Board
o Assign Recruitment Responsibility to a Specific 

Individual Tno Can Be Held Accountable i-or xu

0 0 0 3 3 1 ^
iVJ



\
17

0 Utilize Minority Citizens in MPD Positions Which 
Could Be Filled 3y Civilians .__

o Use Minority Oi’f’icers to Conduct BacKgx ound 
Investigations

(>n o '> V C: U v> -JiJ u ’.

IVC.



‘ i

c - i : A  i . - L - - ; - ; ' - u -

"(;l;a;;[i i a;;s or TiiE quo:;; c i t y "

JO!;;: E, i rccrscLL Cii icr of police

(•:< . ; ;

4 'rc!.'M. crccr ;r;. 3 Revi sed Seiucrrber 2J,  I3 .3 7  i

!iI »
li

i!

V.

I
I

II 
II

i!
•I .

I :

su3j ::ct; t>::e use or force oy police orriCERS

r.':.E?.'rd'JL ■ I"'- SLolo or i lortli  Cr;rolino spec  i f i c o ! 1 y lirr.ius ii ic use  of
Tci c-.! ;;/ po 1 i c e  o! 1 ir.crs,  \.!icn 0 po! Ice o f i  i c c r  coos  beycoci the .1 i.'.iirs setity- I 

leqor is p r o t e c t e o  by h i s  o f r i c o  and ti i 5 bedc;e; Ire is no longer  ir'ĉ un'  ̂ tonci

Cc ur 1 r. 0 n cj l ega l counse 1

n Jo ri;: Tna law di
11  ̂ • fV rr!“cyy" :re a n s . f o r
p’i r i iig a gu n i s always d
o f f i c c r was iV.e r e ly  to  fr
o f V 1 C 1: r has used dead 1 y

• .... CW
A p o l i c e  o f i ' i c c r  who us e s  f or c e  in e x c e s s  or that  a l l c w c d  or wi-,o

u s e s  f o r c e  in a s i t u a t i o n  where i t  is not  por r i i t t e d  i s  l i a b l e  f or  dairaocs to th.e
our s e n  c'icainsc vorccr rorce i s  used and is sui j j ec t  to  c r iminal  p r o s e c u t i o n .

Thc^purpose o f  t h i s  order  is to  e x p l a i n  t h e s e  l i m i t a t i o n s  o f  the law upon the use
o f  f o r c e  so ti-.et tire o f f i cc-r  may perform h i s  d u t i e s  c o n f i d e n t l y  and w i s c i y  and 
not  sub-jcct  liir-.selv to cr iminal  or c i v i l  l i a b i l i t y .  It s l iou’ d bo very c l e a r  that  
t i n s  d i r e c t i v e  is based upon the law of  the s t a t e  as I n te rnre! eri !rv ;',-,rrh

______ _____ x'ld n 0 n -  cl c a d 1 v' f o r c r;.
rely to  caus e  s e r i o u s  pi iys i co!  injury or death. ,  
rorce .  It makes no d i r f e r c n c e  ir t!ie i n t e n t  of tire

' '^Cu.C>:'CbAs!.bl^ is any o t he r  phys ica I f o r c e  . i n c l u d i n g  the use o f  the baton and
t h e  crr-mical i iaca.  However,  they coul d  be used in such a way as t o  c o n s t i t u t e  
de ad l y  f o r c e ,

ntCT-en t o f  the !.--w: 1

I • flPil-DEAnLV FORCE.

A, The o f f i c e r  may use  o n l y  that  amount o f  non- deadl y  f o r c e  which is
iLfe-Rtd2rxehJd,LJiec.”^n^rv for the  accompl i shment  o f  h i s  m i s s i o n .  If  a p e a c e f u l  j 
means i s  at  h i s  d i s p o s a l  and w^ould s e r v e  as w e l l ,  he must use I t .  j

B. Wnen making a lawful  a r r e s t ,  the  o f f i c e r  may use  t hat  amount o f  nc n- de adl y  
f o r c e  h.c reasonably  b e l i e v e s  n e c e s s a r y  to  overcome r e s i s t a n c e ,  but rQ. 
rnn.i-f than t h a t .

D,

E.

To pr e ve nt  an a r r e s t e e  from e s c a p i n g  the  o f f i c e r  may use that  em.ount o f  
no n- de a d i y  f o r c e  rcascnabl y  n e c e s s a r y  to h a l t  him.

To prevent  a crime or breach o f  tlie pe ac e  the  o f f i c e r  may use t hat  amount 
o f  non- deadl y  f o r c e  r easonably  n e c e s s a r y  t o  do so.

Sl-cifCarv: Mon-deadly f orc e  may be used by the  o f f i c e r  in the performance
o f  h i s  d u t i e s  w.hcn re.-i^ongl̂  1 o and •f'-' ĉes s.-u-v. Unnecessary f o r c e  or  
unr e a s o na b l e  harshness  w i l l  toke the o f f i c e r  o u t s i d e  the p r o t e c t i o n  o f  th: 1 ov;.

1
' J

IVCJ niijtjf'f/■'' *. ■ T. / » * \ •

0 M



I !■
I

I i

I

lA'.. I 'D. <■ -  ? - )A:vi;;rjrI 2 -} !■ j 7

A. T!iC o r f i r c T  roy use  c'-J';c!ly rofc.o c:',!y _ r r - - r - - v - c i c i ' c . - ' J
hir.ir'.cir cr c.-.ciher person n-'-nins'e ipA-r'/  or dco l h .

B. T!ie o f f i c e r  rr.rr/ use denciiy f o r c e  wl'.en r.'.ckinp o lewful  n r r e s t  for n
_Lifru (fAirdcr,  n;ons lou'| ii':er , nr.Teri robbery ,  f o i ' c i b l e

rope,  V ! rs t ■■cegree burpl ory ,  orrci i ,  !; i c'nnpp i no , o s s o u l l  v.'iUi i n t e n t  to  
l ; i l ! ,  ond a s s o u l t  v.’iti'. i nt e nt  to rope)  o n l y  v.-i-ien i t  i s  r c c s onob l y  
n c c c s s o r y ,  Agoin,  i f  e f f e c t i v e  pc . scefe l  rr.cons ore o v o i l e b l o ,  they r.ust 
be used.

C. To prevent  on o r r e s t c c  for  o f c l c n y  dongerous  to bunion l i f e  free: f l e e i n g  
or e s c o p i n g ,  the o f f i c e r  may use de ad l y  f o r c e  o n l y  vdien rcar-cnobly 
n e c e s s a r y ,

D. The o f f i c e r  moy use  deadly force,  to  p r e v e n t  the  cemm i ss  i on o f  a f e l o n y  
. dsi’.gercu s to human l i f e  o n l y  v.lten i t  i s  nf. n r- i ' b 1 c e. s n r  .

L. Bub!Ic  S a f e t y .

1. k'a m in f ’ Shot s .  V.'hen deadl y  f o r c e  i s  l e g a l l y  p e r m i s s i b l e ,  as o u t l i n e d  
above ,  the o f f i c e r  may f i r e  o warning s h o t .  He rroy not  f i re a 
warning si'-.ot under any o t h e r  c i r c u m s t a n c e s .  The danger to Innocent
bys t ande r s  must be taken Into c o n s i d c r a t i o n : the. warning s hot

. 2 .

■ I

I ;

1

F.

would endanger t hos e  nearby,  i t  i s  not  r ? e n f-) 1 v n c c e r s r'/  ̂ one is 
not  a lawful  use o f  deadl y  f o r c e .  j

Cal l  f or  A s s i s t n n e o . The r u l e s  p e r t a i n i n g  to warning s h o t s  app l y ,  
e >xept :  i f  t he  o f f i c e r  Is de f e n d i n g  l i i ms e l f  cr  onothier from, personal
danger l£SjL thron that  vdiich would a l l c w  tlie use  o f  de ad l y  f o r c e ,  nun 
f i r i n g  a gun does not  c r e a t e  a danger to  o t he r  pe r s o n s ,  and th,ere is 

' no o t he r  to  sum.r.'cn a s s i s t a n c e ,  ti ie o f f i c e r  may f i re a si iot  as a 
c a l l  f or  a s s i s t a n c e .

. i
3 .  Movi np V n h i c i g s . Even when the us e  o f  deadly  f o r c e  i s  a l l o w e d ,  f i r i n g  

a t  a n'.oving v e h i c l e  c r e a t e s  such a s e r i o u s  danger t ha t  the o f f i c e r  
s houl d  o n l y  do so;

. ( a )  If  t h e r e  i s  a s e r i o u s  and immediate danger t o  human l i f e  u n l e s s  
. .th.s V e h i c l e  i s  s t op pe d  at  o n c e ,  or;

(b)  The area i s  such t ha t  i f  the  v e h i c l e  gees  out  o f  c o n t r o l  i t  
, would not  endanger i nnocent  b y s t a n d e r s .

Summary: Deadly f o r c e  may o n l y  be used when d e a l i n g  w i t h  f e l o n i e s
dangerous to  human l i f e ,  or when d e f en d i n g  o n e s e l f  or anot her  a g a i n s t  
s e r i o u s  b o d i l y  harm or deat h ,  and tl isn o n l y  vdnen re as onabl e  and n e c e s s a r y .  
Di sc l i arging  a f i r e arm in any o t h e r  s i t u a t i o n  i s  an unlawful  us e  of  deadly  
f o r c e .

1 MCi •1 i V  J
0 0 0 3 ! U



! I 1. 1 MI. i. - . i . -• f;-:'';; -r 7S . iS'7
i

r~ r O -r r  ny ^r-i ir r n r - r^ri-nnr.rp!' rni L

A. 1 f the o f f
a c her gc G
sho e l d be 1

D. If tl'.e o f f

Sui I ! c :; :)c c'rrr'ro r T C-r> i r t.c.ncc; to j 11o l. I f y 1 L ing ufficor, Clicsc.- chiff'C-s

) .  Tl-ic oi I iccT v.-i I 1 tr.-l;c tho p r i r c n e c  d i r e c t l y  to the h o s p i t o l  i f
f t cdi co l  cr tcr . t i cn  i s  r e qu i r e d .  If he i s .  in coobt  r.s to the n c c e s s i t ' -  
o f  r.c-dicei treetrr.cnt lie i:i 11 ' irr~Gci i o t a  ly c ont oc t  the S h i f t  Cor,-.-.;ond''r' 
f o r  a o c c i s i c n .

2.  The o f f i c a r  v/i 1 ! in-iredlacolv suhrr.it lA Fern i.'o. 5 (U.tusuo ! Force)  to  
h i s  s upe r v i s or  v.ho wi 1 1 ■ forward c o p i e s  to the Chief  o f  P o l i c e ,  th= 
D i v i s i o n  Cc.~“ar.der, the Eureou Certronde r , end the  Int crno l  A f f a i r s  
S e c t i o r u

• t
! j 
i ir ‘*• i
* I

wi l l a l s o  be
c f V i cer  uses
.7; i ca i 2 jCi) t 3 1
en ior o f f  i C2 r

Corrplaints  by injured pe r s ons  w i l l  be hondlcd in accordance  wi t h  S p e c i a l  
Order Mo. 2$.

IV, COMCLUS in:.! Vv

A po.l i ce  o f f i c e r  is the o n l y  person e n t r u s t e d  wi t l i  the power t o  use  f o r c e  
a g a i n s t  anot her  person.^ Gecausc o f  the e n t r a o r d i n a r y  dangers i nherent  in 
t h i s  power,  the law s t r i c t l y  d e f i n e s  and l irr. its i t s  u s e .  The p o l i c e  o f f i c e r ,  
Wi.o wi w. ds  t h i s  t.v.eso.T.e power,  must c o n s t a n t l y  be avrare o f  i t s  l i m i t a t i o n s  
f o r  h i s  p r o t e c t i o n  and the p r o t e c t i o n  o f  the  p u b l i c .

I I 
\ \

a b o v e , (
a g e n t . In j
, or I

\ I

-f M»r,-L i V £



OAKJ.ANU )CMC;::

ilii;.; ■ ............! y.l I—  3
u i;r A i; r?.: f::;r y / .dr//;/̂ v Arrcf'POLJcc ^c . r. , 0 A \ u, c H I r:

F - i L i C E  / r » ‘ i N ; > T < 1 r.  ■: t  . 1 1 : > * c ,  7 t h  s t . .  c a ’- u  o - ' ^ i A  '•.i::j

October 21, 1970

Koycc. A. I'incher, Jr., Esq.
Lc£;al Advisor
San Jose Police Bepartr.cnC
San Jose, California 95110

Dear Royce:

The Chief v.’ill net perir.it ire to release our r.enorar.dum on the use 
of deadly force by peace officers, as it is still in need of sor.e revisions.
I an authorized to send you, hov;ever, a copy of vh.cat we consider a "nodel” 
re£ulation on the use of deadly force:

Deadly force by peace officers is permissible when it is 
reasonably believed to be necessary:

(1) in defense of their cirn or another's life,
(2) to effect a. felony arrest when the use of such 

force crc:ates no substantial risk of injury' to
innocent persons,' 'and .
(a) the felony for v;hich the arrest is made

' ■ ■ involved conduct (i) that included the
■ ; use or threatened use of , deadly force,

(ii) that, by its nature, created a sub- 
i stantial risk of death or serious bodily

harm, or
(b) there is a substantial risk that the ■

person to be arrested for a felony v.’ill
cause death or serious bodily harm if 
his apprehension is delayed.

/iS I mentioned to you yesterday, this model is taken substantially 
from the HODEL PEN7X CODE with the one minor addition that appears in 
Paragraph (2) (a) (ii) . That provision v;as added to include offenses such 
as kidnaping that night not, in a particular case, involve the use or 
threatened use of deadly force, but that by its nature does pose a substantial 
risk of death or serious harm.

V^hat all this com.es down to, of course, is very simply stated: OFFICERS
SHOULD USE DE'uOLY FORCE ORLY V.IIEU NECESSARY TO DEFEND LIFE OR TO PROTECT 
PEPvSONS FROM SERIO’JS BODILY HAPdI. It is no secret that Chief Gain considers 
this a model deadly force policy, and thus you may cite his views, if you have 
occasion to. The Oakland General Order, as you know, does not read this

1 Mn  ■ -L / U ̂
0(K)an->



v.'cy, but  i l s  pr. ict icr. ]  e Cf c c t  i s  to c'ocor.p.l.ish the: same I ' c s u l t s .  I t  i s  f or  
t l iat  roa.vcn t l i c t  u'c hove n e i t h e r  token the  e f f o r t  to I 'cv ise  G eneral Order  
K-3 nor f orr . u l a t cd  any p lan s to do s o  in the  f o r e s e e a b l e  f u t u r e .

\ ’i t h  c o r d i a l  regard ,  I  atn

Very t r u l y  y o u r s ,

C. R. GAIN 
C h ie f o f  P o l i c e

^  ♦

Linda A. Moody 
L e g a l Ad v i s or

L/AI;h =

cc: Herbert I7echsler, Esq.
Director, The Ar.erican Lav Institute

0 0 0 3 0 4

1706*



r'v.if-n-

P C J L I C :  A D M I X I S T I i A T I O N  C U I L D I N G  • 435 - 7TH S T R E l T • O A K L A M D ,  C A L I F O R N I A  9-;00; 

Po’.'Ce Ocpjrlmcni

December 29, 1971

Mr. Ronald D. Krelstein, Legal Advisor 
Memphis Police Department
12S A.dams Avenue 
Memphis, Tennessee
Dear Mr. Krelstein:

3810'

I regret the delay in replying to your inquiry and I 'nope the 
material I am supplying will be of benefit to you.
Our policy on the use of firearms has recently undergone some 
rex'isicn. Generally, firearms may be discharged in self- 
defense and in the apprehension of felons, except burglars, 
auto thieves and juveniles. The enclosed General Order IC-3 
outlines our policy and describes our Board of Review of 
disc’narge of firearms. If this does hot ansv/er all your 
questions, please do not hesitate to write.
Oakland Municipal Code Chapter 5-11 describes in detail our 
policies as regards private watchmen. Probably no further 
ihformation should be needed, but let us know if you have additional questions.
Y/e also have been confronted with the question of disclosure 
of police information to private citizens. Our response to 
that question relies on §§ 6250, 6256 and 6258 of our Govern­
ment Code, and § 6319 of the Labor Code; also, by analogy,
§ 11105 of the Penal Code. Our policy has not been written, 
but it exists as follows: Arrest records arc released only
to criminal justice agencies, such as district attorney's 
offices, the courts or probation departments, and other police 
departments, and, finally, as directed by subpoena. Copies 
of reports of vehicle thefts and burglaries are made available 
to complainants and insurance companies, but they are xeroxed 
in such a way that no information about the suspect or the 
officer’s comments are reproduced. The only information re­
turned to the person requesting the copy is the information 
given by the complainant: his name, description of the loss,
etc. No other information is made available to the public.

1 ̂ ' r. '
U- ) u  I

fU){) w M



},Ir. Ronald D. }lrelstein -2- Doccjnber 29, 1371

h o w e v e r , r e m a i n s  5 ;onewhat
'.G. V .  Superior Cour

jrpreta tion 
827 (related

The matter of juvenile records,
coniused. Tlio recent case of T. __ ____________
Cal. 3d 7o7 (May 6, 1371) lias nresentod a new in 
of V.’clfa.re fc Institutions Code §§ G7G, 781 and 
to disclosure of juvenile records), (1) to "permit the juve­
nile, who lias been tcniporarj.ly detained by the authorities 
and subsequently released without further procceding-s, not 
only to deny that he has been arrested, but, also, to deny 
that he has been detained or otlierw'ise subjected to juvenile 
court proceedings," and (2) to "establish the Juvenile Court 
as the sole arbiter of when and in what circumstanccjjuvenile 
records may be released to third parties including state 
agencies." Tiie court is now preparing an order, which v/e will forward to you wlien it is completed.
Vf'e are now considering the circum.stances wherein it might 
be appropriate to release criminal records to members of tin press.
I hope that we have been of assistance to you and look for-v/ard to coxiy of your finished v/ork.
Sincerely yours.
(3. R. Gain 
Chief of Police

„ /  . /  ’
Linda A. Moody // 
Legal Advisor
LAiM: p s  

Enclosure

Vu;-
1 '•'rio1 ̂  U O



Oi'î’icz OF CHir:F of police 
Oakland Police Doparta.ent

SPECIAL ORDER L’O. 1072

DATE: 9 Jul GS

TO: All Personnel
SUBJECT: DISCHARGE OF FIREAR.MS

Departmental General Order K-3 (DISCHARGE OF 
FJREAPuMS) is being reviewed. Until sucii time 
as the review is coaipletodj menibers shall not 
discharge firearms for the purpose of effect­
ing the capture of, or preventing the escape 
of, a person whom the member has reasonable 
cause to believe has conimitted a burglarj', 
automobile theft, or any -felon}'- violation^of 
the California Vehicle Code, and the member 
has no reasonable cause to believe the person has committed any other felony.

of the other provisions of Departmental General Order K-3 remain in effect. '

By order of

00 Go; 17
1703



OFFICE OF CHIEF OF POLICE 
O.ikland Police Depavtij'.cct

ME:,:oiLixr)u:,i

TO: All Personne 1 DATE; 29 Jun 67
L'CT; Revision of General Order 60-54, DISCILiRGEOF FIPuE-ULMS (K-3, 1 Sep 63)

The subject order, first issued 3 Dec 58, has beea 
extensively revised to provide additional regulations 
regaining the discnarge of firearr.s, to nore precisely 
delineate tne tuncticn of the Board of Keview, and 
to establish procedures regarding the disposition of Board of K.evievs' findings and reports.
Command officers shall reviev/ the contents of this 
order v/ith all their subordinate personnel.
All personnel shall place the revised order in thGeneral Order Manuals, 
necessary No indexing changes are ear

uoosijr

I V 1 0



X . / .  ^  i— T V  A v *  . r  U ;  J .  V . ,  i j  i b  i V  I . U  i 2 9 ■lun 07
Index as:

Discin'.rge of Firearms 
Firoar::'.3, Disclnargc of 

1 V.’eapons, Discliarge of
Date first issued;

Revised :

r>

I Dec 5E
C) C p  vy

DISCib\RG.E OF FI REA Ibis
The purpose oi rhis order is to state regulations, reportinr-- oroc'"-.'j 
and investijjutive procedures governing tiie discliarge of fire'' Departmental members.
I. POLICT

m s 0 V

II.

A,

B.

Tne policy of this Department is that members shall exhaust 
every other moans before resorting to the use of firearms.
Policy and regulations governing the discharge of fircar.ms are needed lor the lollowing rea.sons;
1. To iniorn members of when they are authorized to 

use firearms in the performance of a police duty.
2
3,

To preclude the unnecessary discharge of firearms.
To protect the lives and property of the public as well as members of the Department.

REGULATIONS 
A.

1

Fireaims may oe discharged in the perfoinnance of a police 
duty only under the following circumstances and subject to the additional restrictions in Part II, B.
1,
2.

4,

5.

At an approved range.
Vhen killing seriously v/ounded or dangerous animals Y.'here other disposition is impractical.
V.'hen .necessary in the defense of their own lives when 
all other available means have failed. ■
When necessary in the defense of another person's" life when all other available means have failed.
V.’hen necessary to effect the capture of, or prevent the 
escape of, a person known of believed by the member to 
be an adult whom the member has reasonable cause to 
believe has committed a felony, when all other reasonable 
means have failed. However, firearms shall not be dis-" 
charged if the member has reason to believe, based upon 
the attendant circumstances, that the discharge may 
endanger the lives of passersby or other persons not 
involved in the crime from which flight is beinn- made or attempted.

■Pago 1 of 5 pages



a . Vi'i’.cn used in 
as a person '

}3. Firear ms shall not
1■X« As a warning.
2. At a person Icnow:

1
29 ,

-  -  J t;:o v.'oi’d ''adult" isyears of age or older.
ged under the follov'ing

Rev.

defined

age of IG years unless necessary in the defense of the 
neinber's life or another person's life v/!ien all other 
reasonable means have failed.
a. The member's knowledge or belief of a person's age

nay bo based upon factors such as his previous knowledge 
of the parson, his observations of the person's appear­
ance or upon reliable information imparted to liin by other persons.

3 ,
A

In any misdeme case.
From a moving vehicle or at a moving or fleeing vehicle 
except as follows:
a. Vrhen necessary in the defense of a member's life or 

another person's life v/hen all other reasonable 
means have failed.

b. Vi'hen necessary to effect the capture of, or prevent
the of, a person known or believed by the member
to be an adult whom the member has reasona'ole cause 
to believe has committed' a felony when all other reason­
able means have failed. However, firearms shall still 
not be discharged if the member has reason to believe, 
based upon the attendant circumstance.s, that the 
discharge may endanger the lives of passers’oy or 

■ . other persons not involved in the criir.e from which 
flight is being made or attempted.

:il. REPORTING AND INVESTIGATION OF FIREAPOIS DISCMRGING
A. Whenever a. member discharges his firearm either accidentally 

or officiall}'-, except at an approved range, he shall notify 
an on-duty command officer of his organizational unit as 
soon as possible. If a command officer is not on duty in his 
organiza.tional unit at the time, the member shall notify the 
command officer of the Patrol Division.
1. In addition to notifying a com.mand officer, the member

shall submit a detailed written report of the circumstances 
, throiigh channels to the Chief of Police.

3. A command officer shall personally investigate the report of 
the firearm discharge. He shall submit a detailed written 
report of the results of the investigation tlirough channels to 
the Chief of Police. The report s;\all also contain his ob­
servations and conclusions regarding the incident. 1 r :1 '■

/  .1 .
Page 2 of 5 pages



iV”* i ĉ* V ,

29 'j n o /
IV. BOARD  OF REVIIF;

A. The Board of P.oview sj.oxl co.-.sist oT the foUowlas t.cpoors:
v/ilo

2 .
o•-> •

4.

5.
B,

Tlio Dt^pucy Chief, Bureau of Pield Onorations 
designated Chairman of the Board. ‘ '
The commanding officer of Training Division.
Txho command and supervisory .officers of the member v'ho discnargoa his v/eapon.' \.no
i\.o ..lemb̂ is of the same rank as the member who di'^ch"'__•-his v/eapon. ui.^cnctr^Cx

Any others designated by the Chief of Police. 
iTieetings of the Board ,

1. The Chairman shall call a meeting of the Board o-f"
within a reasonable time after he receives a ^eporFF""'!’ firearms aischarge. i o-t Ox x.

2. In those cases v/here the discharge was for a purpose o- 
kill^a^ wounaed or dangerous animals and there was m  
property damage or personal injury, the ChairmaVL? 
appiove th.e report of the investigatin'^ com’̂-’-d o'-'-Vov- 
without holding a meeting of the Board“of Review?

C. -Authority of the Board

1. The Board of Review shall inquire into the circumstances 
1 attending each discharge of firearm^s by a Department
. memoer ^or tne purpose of determining the fa.cts

inquiry shall encompass conF""*^^" 
tiiouLOiy causes to determine if the officer's actions 
brought aoout the need to discharge his weapon.

2.  ̂ After inquiring into the circumstances attendin- the
. discharge Oo. firearmis and determining the facts° ^hp

PreleJtJd a^d Ifi^e at
t  discharge was either Justifiable... ANon-justifiable or Accidental as defined herein.

_./  ̂ a. When the circumstances at' the time of the firin-
thP firing was the result of• .  ̂ . the officer s departure from acceptable police
proceaures, the finding shall be that the disch^n-e was Non-justifiable.

b. A- finding of Accidental shall be made only when f-evn 
■ ̂ „ IS ao element of nosligenco on the part of ^hrne^te" 

If negligence on the part of t.he neaber is an ele-'er-'

■' ■ {) { 
t >■"*-?• ' Page 3 of 5 pages



Rev,
29 Jun 67

Tho Bonrci shall rccor-rr.er.d to the Chief ox Police th; 
trainin:: procraras be undortalzen when circu;astannes *' such need. ■ ca to

ivî Liiin five days after a Board r.ec 
subiait a Discharge Board of Review 
Police. The Report shall contain ; 
cumstances attending the discharge 
Boarc's deliberations, the findin'"'

'̂ ^r>; the Chairman siiall 
Report to the Chief of 
. summary of 
a

tnc
■r

cir-

recoir.m.sndations relatin?-
summary of the 

of t h e  Board and ,any
g cO training programs.

V. DISP'OSl'TIOX OF BOARD OF Rff/IBh REPORTS

v-'ill__reviev,' such Discharge Board of R e v i e w  
PJ-pose 0 1 - approving or disapproving the iind..!.̂  an> recommendation made.

If the 
action

Chief of Polic 
will be taken

v/ill then be re-submitte
:e disapproves the finding, furtha 
as he may direct, and the Report

d cO nim for approval
Deport is ̂ approved by the Chief of Police, a conv 

^/lll i or warned to the member involved, to each of h-fs 
commana and supervisory officers, the Training Division 
com.,_neer anc to each Deputy Chief. In addition, when a 

oCi,ax ge ̂ nas been found by the Board to be 2von-jus bif iable 
ana suc,i^iinding has been approved by the Chief of Police 
a copy oi t.he Report will be forwarded by the Chief's

division for filing i„ the n,en-.ber's

a. The Office of the Bureau of Field Operations shall 
maintain permanently a file copy of each Board of 
Review Report together with all -.vritten material relating thereto.

indicated by a Discharge Board of 
tne Chief of Police will determine whether he 
initiate the action in conformity with the 

iindiiiii or rexer the Report to the commanding officer ox the
recommendation of corrective action to‘be

1. Reports which 'e xorwarded to a commanding officer a recommendation shall be returned 
the _Chief of Police v/ho wi]
recommendation and make the fin.ni decision regardingthe corrective action to

for
through channels to 

approve or disapprove the
oe taken.

One or m r e  of the following correotivo notions may be tr.ken
of Jhe S ' n X f "  indicated, subject to L e  ofollsions

r  Oakland, the rules'of the CiviloGivicG Eoa.rd, a.na w h e n ------
Manager.

1 M <1 / JL

, the approval o: 
Pago

the City
f '

pagesf ! )4 of 5



K - 3 Rev.
29 Jun 67

1. Counselling^
2. Training"
3. Oral Reprimand
4. V/ritten Reprimand

5. Voluntary surrender of time off in lieu of o t h e r 'action
accumulated overtime in lieu of

7. DeK'.erits 
S, Suspension
9. Fine

10. Demotion
11. Dismissal from the Service

1 >"f' 1 / J n / \ -* t' ' rT ' y * ‘ i. ■ / » *



OFFICE OF CHIEF OF POLICE 
OAKLAND POLICE DEPARTMENT

MEMORANDUM

TO: All Personnel DATE; 15 Nov 71
SUB'jECT: Revision of General Order 60 54 , DxSCIL?-RG*-. Oi.

FIREAR:4S, (K-3, 29 Jun 67)

The subject order has been revised to establish^ poJ.rcy^ regarc 
ing the merr.bers of the Board of Fievxev/. V.h.en the ciscnarge 
Qf f r earit'.s by a ifierr.ber does not result m  death or injury, 
the"Bureau bf Field Operations Deputy Chief nay designate a 
ccnn\and officer to act as chairraah of the Board of Reviev.’.
All personnel shall place the revision in their Departmental 
General Order Manual. There arc no index changes.

Bv order of

C) J

-I '
1  i J . u»



N'ovcinber 9 , 1971

C I T Y  O F  D A L L A S
TSXAS

POI.IC5 UiPAKfiS'iCNT

\- •“ n

1

1 ■ 7 ̂''

Hr. Ronald D. Krclstein
Legal Advisor
Menphis P o l ic e  Department
128 Adams Avenue ,
Memphis, T en n essee  3S1G3 ■ - ' .

Dear Mr. K r e ls t e in :

With regard  to  your l e t t e r  o f  O ctober IS , 1971 , I  would l ik e  to  answer your  
s p e c i f i c  q u e s t io n s  as fo l lo w s :

F i r s t ,  our p o l ic y  w ith  regard  to  u se  o f  f ir e a rm s i s  th a t  
VC v t i l l  o n ly  use, f irea rm s vrhen the l i f e  o f  the o f f i c e r  
or some o th er  p erson  i s  th r ea te n e d  r e g a r d le s s  o f  the  
s t a t e  s t a t u t e  p r o v is io n . Texas has a co m p lica ted  
j u s t i f i a b l e  h om icide s t a t u t e  w hich would have l i t t l e  
a p p l ic a t io n  to o th e r  s t a t e s .

S econd , w ith  regard  to  p r iv a te  p o l i c e ,  we do have a 
poor C ity  O rdinance which m ere ly  r e q u ir e s  th a t  th ey  
be r e g is t e r e d  and f in g e r p r in te d .  C o n v ic tio n  o f  a 
f e lo n y  or a m isdem eanor in v o lv in g  m oral tu r p itu d e  

• v ; i l l  d i s q u a l i f y  an a p p lic a n t  but th a t  i s  about a l l  
th e  d i s q u a l i f i c a t io n  th e r e  i s .

I T h ird , V7ith regard  to  r e le a s e  o f  p o l i c e  r e c o r d s , we do 
n o t  r e le a s e  p o l ic e  r e c o r d s  e x c e p t  to  C rim inal J u s t ic e  
A g e n c ie s . V7e do n o t  r e le a s e  a r r e s t  r e c o r d s  or p o l ic e  
in fo r m a tio n  to  p r iv a te  s e c u r i t j ’- a g e n c ie s ,  b u s in e s s  
e s ta b l is h m e n ts ,  n or  do we con d u ct any typ e  o f  p r e -  
eraplo^mient check  fo r  any agen cy  o th e r  than a p o l ic e  
d epartm ent.

I  hope t h i s  in fo r m a tio n  w i l l  be o f  some h e lp  to  you in  your e f f o r t s .

0 ‘)i;



C I T Y  O F  S /v J O  s I-:
CALIFORNIA 
P. O. D O X  2 7 0  

. . 9 5 1 0 0

December 7, 1971

n I';oi i '

201 VV. M IS S IO N  S T R S E T  

TLLLi^HONt 292 -0 14 1

P O L I C E  DcrA,-<r : . ; E N T

Roncld D. Kreir.tei.n, Esq, 
Legel j'ldvlsor 
Kerr.phin Police Departmeat 
123 Adams Avenue 
Herip'ais, Tennessee 3S1C3

Deal.' Rouold:

Tne nur.rsrous questions you b.nve asked in your ,letter of October 13,1971 
make it difficult for trs to respond in ercat detoil because of their 
co.uplexity. I cr.i simply enclosing materials that you ir.-y find to be 
pertinent in eoc’u case.

The use of deadly force pro.aents particular problems, IHiila '::e do not' 
follo-,7 the guidelines of the iiodcl Penal Code, I racom-end the-. It 
seems to me thr.t the proper focus ought to be on the question of vhether 
it v;as necessary for the officer to respond v?ith deadly force undar the 
circumstances because of t:o prospective danger of death or great bodily 
harm if he failed to act. The historical approacli uns focused on the 
nature of the offense cemmitted —  a felony, often circumscribed by the 
requirerrient that it have involved the use of deadly force. Tliere are 
so-s occasions uhen a felony using deadly force c.g. a student fleeing 
after having semng a baseball bat at a riot should not be shot dovn 
because it is unlikely that this conduct v.’ill reoccur. On the other 
hand, an officer should be permitted to use deadly force in overtaking 
an escaping rapist even though the rape did not involve the use or 
threat to use deadly force. For this reason I rcccmnend the Model Penal 
'Code language in preference to our existing policy. In this case, the 
academic document of the Model Penal Code is probably more responsive to 
the situation faced by the police officer than the artificial restraints 
of our Department's policy.

With best wishes for a happy holiday season, I am.

Sincerely,

ROBERT B. HUHPKY 
Chief of Police

Mloyuu A. Fincher, Jr. 
Police Legal Advisor

RAF:me 
Enclosure:

I M < s
i .



Section 17 VOTIk'G A}:d politics
mV* ..r .v'* ■ Item 1 All members shall vote their convictions' as citizens on al^

public questions and palioical races, but will.take no other part• in these questions cr races, nor make statements for nublica a k--r 
or give interviews for the same purpose. ’

Section

Item

10
1

Section

Item

Section

Item

19 

1

2

3

20 

1

O L H D I E K C E  -  C H A I L ' 0?  C O EM A i'ID

Each member will obey and follom orderc and instructions, and be 
familiar with ^hem at all times.; he vrill take up m-atters affecting 
him, his position or any Departmental business \;ith his immediate 
supervisor only, or through the proner channels.

CREDENTIALS Ah'D BADGE TO 3E CARRIED

Ihe badge and credentials, denoting a member of the Ne'.̂  Mexico 
Si.atc Police, v/ill be carried at all times, whether on or off duty, 
for identification purposes. ’

For police purposes, identification will be made with the credGnti--’ls 
and badge.

Each officer will refrain from handling traffic enforcement, cxcc-t 
v;han in regulation police uniform.

IDENTIFIC.ATIO:!

A.ny officer of the Department', except when serving in an undercover 
capacity; will, when called upon to do so, identify himself by 
namiB and badge number.

Section 21. USE OF FIREARMS

Item 1 RESPONSIBILITY . ' '

Topic 1 The Nevr Mexico S'tate Police have no t^peater

Item
Topic

2

1

decision or whether or not to use ■ firearms. They v;ill not use 
their firearms unless they actually believe it necessary as a last 
resort, to protect themselves or soma other innocent person from 
serious bodily injury or death; or in the following instances only:

AUTHORIZED USE:

An officer 'of this department may discharge his firearm to defend 
himself or another person (v;hen unla'wfully attacked) from death, 
serious injury, or felonious assault; when other means have 
failed; or ^

To kill a critically vrounded or dangerous animal, v;hen other 
disposition is impractical (only on authorization from a superior 
officer, if time permits;) or

102 nr'f! I t

( ± CJ



iOV-O To "ive an alarn or call for asoictance for an important purpoao 
\rlien no other neans can bo unod; or

On a piotol ranga for practice, or whan authcriacd for training 
purpocac.

An officer shall drac’ or display his firaarrp. only for a legal use 
or for inspection, (including cleaning, oiling and storing).

If a fleeing person is positively identified as a dangerous felon, 
and the officer can fire -without risk to innocent persons, the 
officer is authorized to use deadly force if no other means will 
stop the fleeing dangerous felon.

If in the course of accomplishing an arres-i: (including one for a 
misdemeancr), an officer is feloniously attacked by thi3 person (s) 
being arrested, or by another person (s) who is feloniousl-y inter­
fering -with the arrest, the officer is authcrized to use deadly 
force when all other means of accomplishing the arrest or subduing 
the resistance fails.

8 If in the course of duty, an officer discovers a person in the
. process of committing a felony dangerous to human life, or about to 
commit a felony dangerous to human life, he is authorized to use 
deadly force to prevent the felony v,-hen all other available m.eans 
would be too slov;, ineffective or hazardous to the officer or 
victim.

9 Any other possible instances in -which the conscience of a reasona!)ly 
praident man would dictate the use of firearms, as a last necessity. .

Item 3 UNAUTHORIZED USE; . . " .
X

Top.ic 1 If a fleeing person-has committed, is committing, or is about to 
commit a misdemeanor; an officer shall not fire at such person.

2 If a fleeing person has committed, is cozmiitting, or is about to 
cbimait an act which may or may not be a felonj’-, an officer shall 
no't f.lre at such person, as the risk of possible liability for the 
use of excessive force, far out-weighs the necessity of preventing

■ -the escape of such a person.

3 . An officer shall not fire upon, or as a warning to, a person
v;ho has been ordered to halt because of a mere suspicion, and who,

/ witho-dt making any resistance, simply runs a'way to avoid arrest.

Any other instances in -which a reasoneibly prudent man would not 
fire or unnecessarily endanger human life.

Item 4 SIDE/d^H3 ON PENITENTIARY GROLDIDS

Topic 1 All officers, upon entering the State Penitcntia'ry grounds, will
abide by the rules and regulations of the Harden or other Penitentiary

1031 Vh’ , X  4 i^.J
0 0 0  100



r.G I’eiial Codo Art. 3 .G7 3.07 r:

' . '.ISC of force for ihe prcver.tioa of the violent
;; v .-.n or tliro'.ened r.nd liic force :.s used to

I.revs:.: tscjpe '.'I'.l'. li e irniis, .nnd also wl’.crc il'.c actor npprcl'.cnds 
;;:e of lesvcr force wo'.ild c.'sposc him to d.ir.gcr. llcncc, the 

f c c . v ’.nat well Lc .itiy n.nrroivcr th.in tli.ot presented here, 
V . s l i  ;’i,,'.i:;;; the.-c de.sireS.

l-v.;- Co::'.:;'.e:'.t.iry, see TentCuivc Draft Xc. S, p. 36.

r..a:ij;'. 3.07. Use of Force in Law Enforcement.

(1) U:',c of I'crci'' Jn.",lif;:’.ble to Fdfcct an Arrc.st. Sub- 
Act t.rovictons of ibis Section and of Section 3.09, tbo 
V-. c 0 .' : c'e upon or tow.'.rd tlto person of another is justin- 
r.l'.e v.-n;;. ;;;o actor is nt.akin'r or a.s.sistini]f in inalcin^’ an 
a.v: c: :::.d tao i.clor believes th.at ;;ucb force is immediately 
a'vee;.;.:r>' to ec.cot a hiv.'iul aiTcst.

(2) 2,;mi:.'dicr.s or. tbo Use of Force.

(a) Tr.e use of force is not justifiable under this
Svsciea unless:

(i) tue actor makes known the purjiosc of tho 
asr^„t cr believe.? tb.at it is othcn'.'iso knovm by or

, c.M-ust rea:;o.;.ably be made Itnovai to tho person to 
be aurecieil; and

(ii) when tlio arrest i.s made under a w.an'.'int, 
sl.e v.'i.rraut is valid or believed by the actor to be

(j)  ?i.e use of deadly force is not justifiable under
T"' . C .,..1..

(i) tl'.o arrest is for a felony; and
(ii) the person cfroctinv- the arrest is author-

■ ' iscd to act as a peace oriccr or is assisting a parson
' s.'Lcm he believes to be authorised to act as a peace 

culcer; and

(iii) the actor believes th.at the force ornplo5'cd 
creates no .substantial lisk  of injury to innocent 
persons; and

(iv) the actor believes that:
(1) tho crime for vrlnch the arrest is made 

involved conduct iucludinr'- the use or thrc.it- 
cned use of deadly force; or

(2) there is a substantial risk that tho per­
son to be .iiTC'Sted will cause death or serious 
bodilj' harm if his apprehension is dcl.ayecl.

(3) Use of Force to Prevent Escape from Cu.stody. The 
use of force to prevent the escape of an .arrested person from 
custody is ju.stiiiablc when the force could j'.isfifiably have 
been employed to cfi'cct the an  e.st under which the person is 
in custody, oucept that a /yuard or other person authorized 
to act as a peace officer is justified in usin '̂- any force, indad- 
in j  deadly force, v/liich he believes to be immcdi.ately neces­
sary to prevent the escape of a person from a jail, prison, or 
other institution for the detention of persons cliare;cd with  
or convicted of a crime.

(d) U se of Force by Private Person Assistln.^f an U n- 
Ih.V'.n'ul Arrest.

(a) ,A private person who is summoned by a pe.ac'O 
ofTiccr to-assist in ciTcctin" an unl.awf'd .aiTcst, is justi- 
llcd in usin" any force which he would bo justified in 
U3in;y if the an'cst were lawful, pro\'idcd tliat ho docs 
not believe tho arrest is uulaudul.

(b) A. private person who assists another private 
person iu e.uccling- an unlav/iul arrest, or who, not boir.r,'

"summoned, assists a pcaco officer in e£foctir.,y an unlaw­
ful arrest, is justified in using- any force v.'hich he would 
bo justified in using: if  the arrest were lav.TuJ, provided

C d



oS T'cnal Code

(i) ho brlicvcs the ;uTCSt, is lawful, and (ii) tbc ar- 
rc.'-l \vould be lawful if the fa.cls were as he believer, them 
to be.

(;')) lire of Force to Prevent Suicidc_or the Conrinission 
of .a Crb.v.c.

(a) The use of force upon or towa.rd the person of 
ar.o'.h.t.r is ’ur.fidablo when the actor believes that such 
force is ir.nuedi.vtcly necessary to prevent- such other 

.;r;: from connnitliu" suicide, inflictin;; lierious bod- 
Imr-.n upon innw-elf, committing: or censummaain^ 
co;r.m.i.-.-i(m of a crime involvin,'; or thrca'nning bod- 

dam.ayc to or loss of property or a breach of 
ue.mo, e::ec;)t that:

(i) ;i;;v iin-.itationr. imposed by the other provi- 
sion.s of ti'.is Article on tlic justifiable use of force 
in .mlf protection, for the protection of ethers, the 
l)rot..crion of jirojicrty, th.c cffcctmation of an arrest 
or tl;e prevention of an escape from custody sha.ll 
appiy i.o'.switi'.st.amiiu;-; tlie criminality of the con- 
duct ayainst which ouch force is used; and

(ii) th.c- v.;;o of deadly force is not in any event 
justifiiiblc under tins. Subsection unless:

(1) Ir.o actor believes tb.at there is a sub- 
.star.tial risk tliat th.c person wh.om ho seeks to 
prevent from commiltiup a crime will cause 
death or serious bodily hanrn to another unless 
th.c commir:-;ion or th.c consummation of the 
crime is prevented and that the use of such 
force presents no substantial risk of injury to 
innocent ]>crr.ons; or

( i)  the actor bciicvco that the use of ouch, 
force is ncccssm-}* to suppress a riot or mutiny 
after the idotcrs or mutineers havVO been or­

59  ̂3.0S <■::

dered to disperse and v/arued, in any particu­
lar manner that the law may require, that such 
force w'ill bo used if they do not obey.

(b) The justification afforded by this Subsection 
extends to the use of confinement as preventive force 
only if the actor takes all reasonable measures to ter­
minate the ccnfincrncnt as soon as he knows that he 
safely can, unless the person confined has been anxsted  
on a charge of crime.

STATUS OF SFsCTION
Presented to tb.c Institute in Tcnt.ilivc Draft Xo. S and con­

sidered at ilic May 195.S inoctin".
Pcsubniittcd to llic Council in rcvi.scd form and con.sidercd at 

ll'.e DecemlK.r 195S lueeliiTip
The revision ir. designed to carry out the in.aii'.latc of the Institute 

•upon two poinis: (1) to extend the jirivilege of using deadly force 
to effect an arrest to a person assi.sting a [icace officer rallicr than 
limit that privilege to officers (see Subsection (2)(i>)(i i ))  ; and (2) 
to extend th.e privilege to casc.s wlicrc ih.e actor believes tliat tbc crime 
for wl'.icb the arrest is made involved conduct including th.c use or 
threatened use of dc.idly force (see Subsection (2) (b) (iv) (1) ) .

For Commentary, See Tentative Draft X'o. 8, p. 52.

Scciion 3.03. Use of Force by Pewsoas with Special P.c- 
sponsibility for Care, Discipline or Safety of 
Others,

The n;;c of force upon or tov/ard the person of another is 
justifiable if:

(1) the actor is the parent or guardian or other 
person simil.arly rosponr-ible for the general care and 
supervision of a miner or a person acting at the request 
of such parent, guardian or other responsible person 
and: ;

\
C j. 'I- 
tH

1- I •
j.;



• i*'

O F F IC C rn i: p o l i c l j  c in m ? 17 S O U V I ' l  2,‘,’0 A V F d ' J i : PKOE>;i>:. A'iî ONA
Cctobcr 27, 1971

Mr. Ronald Krolstcin 
Lsf^al Rdvicor 
I'sr.phis ?olic2 Dapartranl 
123 Adana Aver.us 
Ka.Tiphis, Tennessee 33103

^Xn c2 7 fc'

Dear Ron:

■•'e received yoinc "xeroeced” letter and-as a rer;idl.t, we are sending 
you a lot of ''xeroxed" information.

You were correct in assuming that C’or d-epartTiental policy in 
reference to use of fircarns is nuch narrower in scose than our 
state lav. Oui' existing policy and law are enclosed.

\fo recently haa occa.sicn to suspena an officer for a shooting incident 
v/hsrein he acted within the law but outside policy (a fleeing marijuana 
suspect vras shot). This has caused a lot of discussion about possibl.s 
policy changes, but as of yet no concrete changes have been formulated.

Maybe San Francisco has the best idea. As you nay know, they have no 
written shooting policy.

You might also check with Royce Fincer of the San Jose, California,
Police Department. He has done some work in this area.

In the area of "Rent-a-Cops", w'e do not have any specific legislation 
covering this; private police are, of course, covered by o'ur concealed' 
weapons lav, and arc prohibited from impersonating legitimate police 
officers. (They may not wear uniforms, badges, etc., similar to sv;orn • 
officers). This, plus our normal business licensing requirements, is 
about tl’e extent of oiar control.

Our last session of the A.rizona legislature did pass a bill covering
investigation services which may be of some benefit to you, we 

are enclosing a copy of it as well as a copy of an Arizona Department of 
Public Saicty (State Police) memo concerning its implementation.

Our legislature in 1970 passed a bill which allo-ws criminals, who have been 
goed and served their time on probation, to have their criminal records 
expunged by petition to the proper court.

4*̂ O f] ():,  ̂r u ̂ /11 ‘ • :



, \

Tv/o

Tiri.'j in about tha only thin^ %:a hava in tha ci-i;.;i:ial hintory area, a::: 
va rcalina that thia in not in poi;it vith your requoat, but it ray’ ba 
of sore value to you, so vo are enclosing a copy oi' this also.

If you develop sore policy or legislative suggestions in these areas, 
please send us a copy.

Yours tru.ly,

1=0

-1 ̂'>o.1 / /̂ I



i. ■>,I ' ■ ■■ j:
1, i'OUCC jl
} OfM'/'fMMCHT :' ̂ _

T?TTr**nMC 'T p Vr.Ln_/i.jvi'40 luiJiOj,

GGMli'CAL
Or(DcU
îO. r:cr.v:“ r . - ^  ».•>%. •• j —
!• Crt-'ECTlVd DATE

Gonrjr!il CrGor f-3, 10-16-67; T.O. AdDiin. InDl. 66-j.Î;:, 
[crrDES-66-171 . 66-179. _________ _̂_____________________________

J u ly  1, 1970

; i iuax i1LGch;ir,;G o f WeupcriD; .’uTJTuniliicTi; I’i s t o l  Ra:iye; V;capo:i |; 
Ropui r ;  'Acnpon P.elacciTcut; F i r c a r n s  T ra in ip -; .
Rcc'laccT'.cnt o f V.’op.r'cns. ________________ IPACE 1 OF

CERFRAL . • _  ̂ [

.1 Officers of this Dspartiuent shall exiiaust every other reasonable .r.eans of
apprehension, restraint, or force before resorting to the use of firearns. ;

V

.2 Officers shall not unnecessarily drau or display any fircarr., or carelessly  ̂
haiidl e a firsaru at any time. Tbs same rules of good judgc-r.ent apslicar.-e  ̂
to the discharge of a veapon shall also apply to the drawing and displaying ; 
of a weapon by an officer. f:

.3 No warning shots shall be fired by an officer under any circunstance.s. /n 1 
officer who fires a shot to warn, or who otherwise discharges a fircarn 
without proper justification, will be subject to disciplinary action. ' i

V-

DISCHARGING WEAPONS f
i

.1 Rofor to General Order, Rules of Conduct. it
• f

.2 Officers shall not discharge firear.ais in connection with police activities ) 
either on or off duty, except ijnder the following circuiastances: . t

1 : - . . I
(1) At an approved range. ‘ 7 ' . /• ■ . • . . . i
(2) Killing animals seriously wounded or dangerous, when other disposition 1

is jjnpractical. • , f
I

(3) V/hen authorised by a superior officer. |

(A) In. defense, to overcome an attack which could produce great bodily harm ' 
or death to the officer or to anotlier person. The fireari.i, or any '

• othor deadly force, should be used only if the officer has no other f
means available to overcome the attacker. • [

(5) To effect the capture of, or prevent the escape or rescue of, a person \ 
whom the officer knows has com.mitted a felony, with the following 1 imi-; 
tatlons: i

Tlio crimo for which the arrest is sought involves conduct including the; 
use or threatened use of deadly force, and there is substanti'a risk ,
that the person whnee arrest is sought wil l cause''death or serious :
bodily harm if his apprehension is delayed. _ ;

o - 
i rb J

/*/?«■» J »■ »;̂ {; i. I a ’ ,



0 . 1;

■■No. (y

v;:̂;.~o::s (ccntinusd)
J u ly  1. 1970

r

Th-3 fircarui shall not bo uood under any conditions v;hcro innocent by- 
stan.dcrs arc lihely to bo injured or killed.

The oiTicor shall not shoot unless all other available msojis to effect 
tho capturo of th.c folon )iavo been exhausted.

V.'lion it is necessary to'shnot a flcoinj; felon, the-officer shall air. tc 
/ittc’u'.pt to 'w'oiund in the legs so as to disable end not !:ill.

.1 Any ol'flcer wiio dischergos a firear.-r. accidentally or ini-enticnelly wliiie ner-1 
fornlng a police I'unction, either on cr off duty, shall r.o.ke a verbal rcoort 
to Ills supervising officer as soon ns circu.;;'.stances uiJ.l psrnit, -and a ?
wrlti.cn report as soon as possible.

Alfi'RJITIO:;

1r V.'eap-ons will be
t factory- i o-';ded

Un i f 0 rc; Reg ul a t
1
1 . 2 /ucmunltion wi.lL
if
1

as required.
1;
1 • PISTOL RAkCP

.1 The use of tiio

1
cent .'Uid those

1re • 2 The R.ongo will

is '..’ith Department-issue.

days of each .montii, Septembor through June. All officers, with the excep- \ 
tion of those excused by the Police Chief, will be required to qualify ■'..'iah i' 
a score of 65 or bettor ever}’- other month, /my officer who fails to qualify 1 
v;i.ll bo required to continue supervised training on his ovjn time, at the j' 
time set by the .Rangema.ster, until he qualifies.

.3 Un3U))er'.'ised practice will not be permiuted. If a weapon needs testing or 
sighting-in, ammunition will be signed out and used under the direction of 
Range personnel. •

• A Tho Range.mnster shall publish rules-goverr.ing firearm practices and safety 
procodufo.a, subject to the approval of tho Police Chief, which wi].] be 
posted .at the Range, and all personnel will comply. Safety, accuracy, and 
corroct techniquos and responses are the goals of firearm training.

11 ̂ A b li



: •IJ

'* • PT n̂'Or. (coatinuad)

0;lDidl 
lio. G/'

Ci-THCTIV'-. CJATE

Jaly 1, lv7'

5 Acce.es to thle
assigned to rc
d’uties.

6 No reloaded a::

7 Ammu.nition is *
fication or G£
am-munition.

UEPAIR AGO CLaA;:i;:f; O? 1;EA?0’:S

.1 K'o olTlcer ^hsll repair, blue, nodify, or do any other vork on a Departnent- 
o\;n9d firearm except to clean it, chmigo the haj:idgrip3, or add a trigror 
shoo, nor shall cn'i officer allcv; anyone otlrer tl'.sn the Rangenastor to dc‘ 
any vork on a Departnent-insuod firearm. No officer shall disassemble,

. remove parts, or take off the side p].a.tes of any Departuent~ov;ned firesri:’.
•in order to clean it. • .■

■ • i
.2 V/capbns in need of ciincr repair vill bo repaired by the Rangonaster inrsd- -

■ lately.

.3 V/oapons in need of major repair vill be turned in to the Central. Supply
R o o m , each accompanied by a memo in quadruplicate listing a description of ; 
the v;eapon and serial number, with information as to hov; the weapon was | 

1 damaged and/or repairs to bo made. This request must be authorised by the ;
. signature of a Lieutenant or officer of higher rank, and a replacement ^
weapon will be issued by,Central Supply. _ j

tc
t

.4. V e a w m s  which need re-bluing will be turned in to the Central Supply Room 
during normal business hours, and a replacement issued. I

.5 Shotguns.and riot guns that have been discharged will be taken to the Range-; 
as soon as oossiblo for cleaning. i

.6 Officers will not clean, repair, or load firearms in police buildings,
except those at the Police Range, or v/hen so ordered by a superior officer. 
Emergency weapons checked out will bo examined by a supervisor before they 
are returned to storage. '

r f , p l a c r :-N'.m t  oi-' w e a p o n s
I

.1 Requests for the replacement of a i;o-apon during normal business hours, ;
Monda}'- through Friday, 8 /uM to 5 PM, v;ill be submitted in quadruplicate, v 
tlirough channels, to the Bureau Co?imandor. • In the memo a descriptior. and 
the serin], number of the weapon will be included, and the reason for rc- 
questing replacement. When the request has been authorised by a Lieu 
or offlcor of higher rank, a roplacemont will bo issued by tho Centr-al 
Supply Room. j? ? '



1.' .

; or:::;;-'AL 
: OIIL’ER 
i.'o,

r1 ?' / j
o\ *o

L
L!!T-ECTIV'i DATE

J u l7  1, 1970

io om-A;';-;:’::::!? 0:' 79A?c;:3 (continued)

.2 V.'ea;niri g V.eodiny reDlaccnent at other t'naui noreal bu rdnosG
req U2St cd tl’X'ou'̂ h chnnnolG, ao above, and author:Lze;1 in t.
Tho repJa ccniout ui11 be isGiJed by the Patrol bureau Shift
tho Con tral Supply Rccn.

.'lourc r.ust et:i
»3 S'̂ ITZC P'Cl ^

1728

i i ^ w .  *-rvSr? »« >=*■. ̂  1_TW— <



\
• \  ̂■ ■'!

■' ■-/
/« <v V i«. '

. i- < ...>* c.' *•" ': !•/: I M O  ;-—/ i* X c . 1. >w’ 1 >i .AL \.y ^

N E W  HAVEN, COKNHCTLCUT 035;1.■* (1 v-  ̂•*/ J« > .

n j A G l O  C i L i r ^ T O .  C»^iof o f  f ' r i i t o  
U A H  1 H  O  L O \ t  U V'.' f -, G U i O A ,  f . ' j y o r crXnî /'/- .sU 7s

October 2G, 1971

Ronald D. Krelstein 
Legal .Advisor 
Morapliis Police Deoartnent 
12 S .Adams Avenue 
.Memphi.s, Tenn. 3810 3

Dear Ronald:

able to suDoly you v;ith the informat^'on you lequesced in your letter of October 18, 1971.
ihe use of fireai*ms by police personnel is governed by Genera"'

70-5, enclosed. Although it is self-G.xplanato.’r/, I v;ould 
callcteuuion to the report and investigation procedures that 
are lo.lov/ed in every firearm discharge case. -I believe that 
iis .ielps to reduce the incidence of unwarranted use of firearms.

Our Î <ent-a-Cop" situation is so.mewhat different tJian yours.
State legislation permits the appointment of soscial constable*^ 
by the local chief executive officer. In practice, the oersonnel 
are^^selected oy the chief of police so that v.'e have full* control 
over vihich police personnel will carry' firearms. We also have 
private guards v/ithout law enforcement pov;er. If the justification
and need are present, the chief of police may issue oistol P'='rmits to them as well. "
The disclosure of police information in New Haven is handled pursuant 
"o Special Order 70-11. Again, I think that the material is self explanatory.
Sincerely,

MARK BS.RGER 
Legal /Advisor

00 04 i
MB/jm



.  - / ‘ I •; > / . : . i  !

G - n c r a l  G r J c r  ;:o. 7C-;

r:-: Use of firearms

I. PUR?0:^E
, v . ^

j-hc porposc Oj. tnis orcior 'is' to establish Department oolicv-
regarding the.use of firearms.

j-j.. C0NTD7;':'
invent of Police Service i:Tne policy of the l>Tav Haven D______ _

that members shall exhaust _ every ether rLisonable'meanrof 
apprcnensicn besore resorting to the use of firear.ms. Pol ofticers nx rcc
liabl'O circum

use firear.ms only inaer certain restricir? »■* r*---------------- _̂____police officer may not drscharna
except in. unesa limitad situations. h'o officer ha.:iqht to exceed hi.s OOv;«'" xiu must deciae his actionlig.Vu or tne circu.ms^tancas confronting him and the limitavt

T.ve rollowing specific regulations v;ilior .n: 
apolv:

autnoritv.

h£s
O'>•»

.n the 
lions

SuLr-Will.'. Pn officer is entitled to use deadly force 
v^hen it is necessary to save himsalf, a citizen, a bro-tner Oi.ficer, or a prisoner rrom death, or grave bediiv
h Ts not entitled to use ac ,diy force rro.m assault:v.’hich are not likely to have serious resuit.s.
llISDE.yd:7\NAHTS. Pn officer may not use deadly force to 
effect the arrest or prevent the escape of a* person v;h.o 
has committea a misdemeanor. This restriction does not 
infringe upon an officer's right of self-defense sh.ouid he be attached, ilote thatt visixng a motor vehicle v/ithithe

r.ostiovmer's permission-is a misdemeanor. note also that : 
mOv,or vehicles are uaken by juveniles and the use of 
deadly force is noc authorized against fleeing juveniles,
APPRH.HSr-iSION OF SUSPECTED FELONY OFFP/dDERS. An officer 
will not use deadly force on a person v/ho is called unon 
i-o nail upon mere suspicion and,- v/ho simplv runs av.’ay to 
avoid arrest.
APPRmLr.'SiO.'.’ OF .-CIvO"'! FELOdY OFFENDERS. Firearms mu.st 
not be disenargea at perso.ns v/ho are running av;av to es­
cape arrest except under compelling circumstances in

2.1"* oxiiicoir 2ct-U2j-xy seesfelony cases. For example.

X f d J • '' f d' i f * c. V • b   ̂ I y.



O rder  7G-!:
\.tje 2

a pornon cc:rr.'.rr a serrous 
such as isurder, rape, ass 
robbery v/i;:h. violence, he 
if th.o oficnder cannot be apprehaiidccl by 
able means.

- cine.r:..oney e-ye e
so v:i th a ^loauny v;eapo;i or 
ay shoot to lirevcrrc esccioe

any other rcaecn-

5. FLEZIhG JUVEI'IILES. The ruie.s pertaining to self-defense
are ecuallv anolicahlc :o 0 even lies ei ;usoact c:
be consaaered less eangerous oierely because of his yout 
Hov.-ever, in the event officers arcrpursuing a fleei.ng 
felon - offe.nder believed to be a juvenile, thev v;ill"nc 
shoot even though the suspect ignores the r -
laands to halt.

6 .

7.

8 .

9.

DAIsGTROUS AlTiriALS. An 
ous animal or one that hum; 
•further sufferina and othe:

officer mav shoot to kill a danrror-
2val

ais-ocsrcion as am.oractac;
T7‘.RGGT PPJ'i.CTICE. An officer may use his' firearm for tar­
get practice at an approved range.
DRAWING 0? vTE-APOM. The service revolver v^ill be 
from its holster only vinen th.e use of deadly for 
both authoriaed and absolutely necessary.

arau:
rrp> is

W.APlTIh'G SPOTS. ' naming shc"ts may be fired, but only in 
felony situations v/hen the application of deadly force 
is authorised and all other mea.ns of apprehensions have 
failed.

i10.. PROTECTIOM OF GENERAL PuELIC. Regardless of the nature 
of the crime or the legal justification for firing at a 
suspect, officers should remember that -their .basic res- 
ponsibility is to protect the publ_j.c. 0fficers shouie
be particularly cautiou.s \;nc.-i ri n n g  under condi'tions 
that v/ould subjec-t bystanders to pcssibLe injury.

Should an officer purchase, r e pl ac el os e or othersv-ise dispose- 
of a police firearm, he shall file a 'vri-tten repor't -chroucTh. 
established channels to the Chief of Police. The report v/ill • 
contain a complete description including the serial .number. 
Should an officer lose or have stolen frem him a firearm, the 
report shall include all facts surrounding the loss. • ■-
VThenever a firearm is discharged (er.copt at an approved range) , 
the follov/i.ng procedures will be fcllo-.-.’-ed :
A. N0TIFIC.ATI0N A'TD REPORT BY REX3ER J.NV0L\E:D .

1. vrnenevor a membier discharges 2iis firearm either (a) 
accidentally, or (b) in the performance of police 
duty, he shall verbally notify his on-duty supervisor

/ •-> X I'U'’ ^11' b V. • <



Pago Ordor 7 0 ~5

a3 coon 
Gvoot la-o'-  ̂ ^OG coo,-).'.3o£\;'COG 'OGrrr'.i.t: b'i~ '

LOO o f  h i 3  t o u r  o t  c u ; ' ^  
a t  t h e  t i n e  o f  cl — ^^ivx^icr 
n o t i f y  t h e  r a o k i n r o f t i c Z ^ ^ o ^  v e r b o i l y  ■
a t  t h e  t i r a e .  " Ga^y xo cue  D e p a r o r e o t

If a supoa.-ior officer is'oo-

B.

The officer who discharaed -v/rxeeen report of f-- .-pc— p̂rec-.,m caa^x fxie < 
channels to the Crr'-f ZZ tnrough Gstaolished
to has division c o u r a a .  ca.roon conv 
tour of dutv. one completion of hiZ

3.
fore, incapable of f i ! o n d  is, thcre- 

• _ graph two of this subsecf^cZ rcquxred by oara-
ponsxble for fî •-•'̂ o ac- rZZ„Vi-"~‘̂ aupervxsor as res- pcnai.,

ahnfSSTaGfvTION 3Y 7i COr-P-!AhD OFFICE?.

1* Each disc'Large of fî eav-rr=; -o -ti - • ’• personally by th-̂  oe investigated
ipember involved''' if t : - ' ' d i o f f i c e r  of the '. 

...is_no supervisorv off.'car JZ ^'*ore
• •. - whic'i the member" is ass.'m-p.'' cavasion to

•’ ■ ■ officer then on diitv rankang command
. ; investigation when Solifi^o

-• firearms has taken place. ' "" discnarge of
■ 2. . ■ -After conductinrr i thor-r.--,̂ ’ • f '

' tZe t i ' s S i r j r i f  tihS
, nrepor?'tfthrZesult-''o-\?''''"'^^"^ detailerwZ-iZtZ^■ . .-Chief of Police th-oZ^-u~ to the

. •• shall include'th-^oV^Z’i^^?^'^
... the command Off

. •■■  ̂ i-_acoprd^^^^^
III. KEFEREECES' • - ■ t : -.h: l-.i:- ' .: * : a ' ' ‘ .

April^SSZ^lSSa!'^''" supersedes ̂ General Order .Humber 15 issued

EFFiiCTIVE DATS; - April-23, 1970*'

d i s t r i e u t x o i :; all 1 O1 i O;



r lj'o' Dp/?,v''7

i 0 G9; 5C/ r:̂
• . C •' . . .*ii- v/'*-..'-'O'- ■•''■■ ' • / > ;  

f O L I C E  D r . P A r » T W C K T

C I T Y  O F  D C P l I r l A M

?sORTII CARORirN'R 

D3ce;"bGr 17, 1971

/  ‘ - W

n -Gl. b 
/»

>lr. Ronald D. Krelstcin 
Legal Adviser 
Memphis Police Departr.erit 
128 Adams Avenue 
Memphis, Tennessee 38103

Bear Mr. Rrelstein:

Ccnc.rnit.. your requoot st.-.tod In your lortor o£ Ootobor 18. 1971, 
circulated by I.A.C.P., please be advised:

1 Officers of the Durham Police Department are instructed to use a 
weapon only in case of necessity in self defense or prevention of

• dLa?h of serious body harm, to another person. A specific threat 
of immediate nature is required. All officers aie inSuruc^.. 
report to the Chief of Police any circumstance requiring them 

I to discharge a weapon in the. line of duty. If an^Oi.^icer s oo's
' someone, regardless of the nature of injury the incicent is

fully investigated by members of the Detective Bureau and there
is some evidence that officers may not be reporting incidents 
involving shooting of dogs.

2 ' Private police as you described in Memphis are unkno;.m in North
Carolina. North Carolina statutes do provide for security guards 
who are appointed by the Governor of the state. Security guards
are authorized to carry a weapon and may arrest violators only
upon the premises of their employer or while in pursuit.

Enclosed is a copy of G.S. 74 A-1 and 2.

Indiscriminate appointment of this chapter could, I imagine, create 
a situation similar to-the one you described. Me do not, in ract, 
have a problem here.

3. On release of inform.ation and privacy, I can only advise that ̂
■ ' the matter is currently under review. Our existing practice is

to release the criminal record contained 
charges and disposition of charg 
seeking this information.

l i O
I i ( 1 ! 1 5



Mr. ilonalcl D. K r c l s t c i n  
Deccraber 17,  1971 
Pa-<3 -2-

Crodit^ reports,^including application checks, and media pcoolc 
form tnc bulk or groups making inquiries. Access to the N.C.I.C
syste:;! is limited to department matters only. T'ue City of.......
Charlotte is in the planning stages of a data bank. Access 
guidelines are being prepared by the Institute of Government in 
•Chapel Kill, K. C. '

The ̂ entire legal problem. v;iH be research.ed in the course of this 
stuc;y, I u'ill try to remember to send you a copy of this study ' 
v;hen it is completed. A resort to our statutory lav "oublic 
records" is of little help.

I would be interested in receiving copies of any policy that vou 
derive from on this studv.  ̂ i

Loyd Reece Trinmer 
Police Legal Advisor

LRT:ps

Enclosure

!'00-Ui2

■* A
±  i .>4



^ .2*' r';

lit i\ J tWui a iĵi

Knoxvilia, Tenr.asiac

Office! La'iV Enforcanisnt Mam's!

of

Rulas and Rag'jlations

and

Standard Casrations Praceduraa

K YLE C. TESTER” ,All 

iM’ yor

DUAfic J. A'JSSnS 

Director of Public Safety

JOE C. FOWLER 

Cbief of Police

>.)[)[) J W'L-' L' 1 1 >

H O ' 
■ i  ’J  aJ



This ofj.icidl L^iw ATommi ^ " 0 1
Regulations and Standard' O p „ a 7 iI4  pr“id°^n?- i f  
lished to formallv pc-nhi;^i, V pub-
Police D e o a r tT .;!  e.tabh.n tns policy of the Knoxville

e degrao of u ^ lh lU y T n  ; t ” ” a r t o t ' ° r " " '
to provide tha officer with p ro ced u ra tg u ld e^ ir 'eT tr i'-t  
hm, ,„ ettecuting his duties in a professi°onalTin„er

s:::rpr:L?i:n!̂L“w -
No manual can be a substitute tor intelligence s e n t

judgm ent and discretion. The comole.uity and d i ; .; ,“ r„ e
.no law enforcement proiession forbid H »rop :-u :'lm
.0 oyed as guide, the manual shouid com ' lem en^'',„t place intelliamnce * • . '■^•^-pienient, not re-
.promote the hfo 'el, sfaTd-td o" " " ' “ ’=>
ntomher „f ,h ^ e p a ^ r r e n u lth L r e T o u T r a i^

Duane J. Ausetts 
Director of Public Safety

(

f i / ■> n > ' 1 ■•

1 >-fo '1 t 0 0  '



ACTION TAKEN CODS
AB
CD

G

Report sub.'nitted.
Unablo to locale com­

plainant.
Unable to locate add.
Unable to locate sus­

pect.
No PoUee Action 

needed.
Problem settled.
Advise of proper 

agency to contact.
Vehicle checired all 

right.
Person checked all 

right.

300. Use of Force

301. Introduction 
The authority to car

LM
NOP
Q
Pv

Property checked all 
right.

Verbal v/arning.
Issued traffic citation.
Made arrest.
Made contact report.
Assisted Officer.
Call handled by other 

agency.
Other.
Message delivered.
Message delivered; left 

note.

' - lethal wsapor.s and to usa
physical xorca m the e.'cecution of official duties bur­
dens each member to be mature, controlled and ^e- 
sponoiDle m hzs use of, and attitude tov/ards it. The
o.lo^/mg guidelines and procedures siiall be foTowed 

by menabar. It a.-.,a!d be u.ederstood thei ,  p„. 
-c.m an is not protected by law when his use of force 

IS excessive. Any member who resorts to force b -  
yond tne standards imposed by law and this D eoarl 
m.nb shall subject himself to disciolinarj^ action 
damage suits and criminal prosecutiom

302. Members shall restrict their use of physical ^^rce M 
the minimum required to effectively complete th^i; 
assigned duties after peaceful alternatives have bee^ 
exhausted.

303. V/hen m akinj k „ f d l  t,rrdr,td, memb« 3  shall „sa 
pnysical force only to the extent necessary to over­
come resistance and effect the arrest.

or attempts
hrea.ens to inflict injury upon himself, other per-

r

r •V

, I ̂ I

‘ -i IC f >

■J o r d- / O j



308,

307.

305,

308.

309.

310.

311.

311

313.

sons or the arresting member, the am.ount of physical 
force reasonably required to preve.nt hmi from doLng 
so, and to bring under complete control shall be used°
Members shall resort to the miinimum physical force 
required to prevent a crime or breach of peace.
A member shall resort to the use of a deadly force 
when he reasonably believes it is necessary to defend 
him self or other persons from death or serious phyi- 
cal injury.

A member snail use a deadly lorce when necessary to 
effect the arrest for a felony dangerous to human life 
(murder, manslaughter, rape, armed robbery, first- 
degree robbery, arson or kidnaping) after peaceful 
alternatives have been exhausted.
A member shall use a deadly force when reasonably 
required to prevent the escape of an arrestee for a 
felony dangerous to human life.
A member shall use a deadly force when reasonably 
required to prevent the commission of a felony dan­
gerous to human life.
Members shall not fire warning shots under any cir­
cumstances. Weapons shall be drawn onlj’’ when re­
quired as provided for under this section.
A member shall not fire his v.'eapon under circum­
stances that CQuld result in injury or death of inno­
cent persons.
Tvlembars shall not fire at moving vehicles unless re­
quired to effect the arrest for a felony and
1. there is immediate danger to human life unless the 

vehicle is stopped.
2. the area is such that there is no danger to innocent 

parties should the vehicle go out of control.
Members may shoot to destroy an injured animal 
when no humane officer is available and no other 
means are at the member’s disposal. A written report 
shall be submitted.



314. Wlienever the use of force is necessary, the arresting 
officer w ill charge the person with resisting arrest 
and file a report stating the details of the incident, 
the nature and extent of force used, and the extent of 
any injuries resulting from the use of force.

315. If the arrestee is injured seriously, the member shall 
summon an ambulance to the scene and report the 
incident to his superior officer. If there is doubt as 
to the extent of injury, he shall consult his superior 
officer before requesting the ambulance.

316. Members shall submit written reports to the Chief of 
Police every time their weapons are discharged either 
by accident or on purpose (except during practice at 
approved ranges).

400. Firearms

401. Introduction
The following standards and procedures are estab­
lished to promote in each mem.ber the responsibility 
and proficiency that accompanies the authority to 
carry and use firearms in the line of duty.

402. Members shall carry only assigned weapons of the 
Department or a personal weapon approved in writing 
by the Chief of Police. All weapons shall have a 
minimum caliber of .38.

403. Members will be required to qualify with their 
weapons six times per year at scheduled times and 
ranges. Members assigned a Department weapon but 
having permission to carry a personal v/eapon will be 
required to qualify with both. Those not qualifying 
w ill be given instructions by the range officer until 
qualification is achieved.

404. Members shall keep their weapons clean and in good 
orderly condition. Firearms are subject to inspection 
at roll call and qualification. Members failing inspec-

f  .

0(H>

1 i-ini^ ' 5 1 •i O J



c

tion shall take immediate action to meet Department 
standards. Repeated failure shall warrant discipli­
nary action.

405. Instruction and commands of the Range Officer shall 
be obeyed without regard to rank. General rules shall 
be posted in a conspicuous place and obeyed bv all 
members.

40S. No intoxicated persons or alcoholic beverages shall be 
allowed on or in the vicinity of the firing range.

407. Anyone violating the rules of the Range shall be re­
ported to the Chief of Police and subject to discipli­
nary action.

408. Members shall handle, carry, transport and use fire­
arms in a cautious, responsible manner. They shall 
engage in no unnecessary or excessive display of 
weapons.

409. Members may carry weapons when off-duty, even 
when traveling within the State of Tennessee, but this 
is not advised. It should be done only when needed 
for police purposes. Your right to carry a weapon in 
another state should be verified with authorities there 
before doing so.

500. National Crime Information Center

501. Introduction
The National Crime Information Center is a c o m ­
puterized index to documented police information 
concerning stolen property and individuals wanted on 
federal or felony warrants. Access to this inform.a- 
tion is provided by the Department terminal giving 
Kno.xville a direct line to the central computer in 
Washington, D.C. The terminal’s national character 
gives it both nation-wide and local significance. Its 
success in K noxville depends upon the extent to 
which it is used.

(}00m H8

I T i O



KAIISAS CITY, WO. POLICE DEPARTMENT
GENERAL ORDER

; a t e  o f  i ssu e

11-21-73
l E F F E C T I  V E  O A T E

11-21-73
; AMENG3

r/I
Firearms Policy

EFERÊ Ĉ Z R E S C I N D S

V '
General Order 72-23 and any other 
rule, policy, order, etc,, that 
conflicts with this order.

I. PURPOSE

The purpose of this order is to provide a single source of 
reference for all department members as to the authorization, discharge 
and carrying of firearms.

II. POLICY

An officer is equipped with a firearm to defend himself o.r others 
against deadly force, or the threat of imminent deadly force. However, 
when a firearm is used by an officer, it must be with the realization 
that the death of some person may occur. Justification for the use 
of an officer's firearm is limited to facts known to the officer or 
perceived by an officer at the time he decides to shoot. Facts unknown 
to the officer cannot be considered in later determining justification 
of the shooting.

The law authorizes an officer to use deadly force (use of firearm) 
when it appears necessary to protect himself or others from what 
reasonably appears as an immediate threat of great bodily harm or 
imminent peril of death. No policy of this department shall limit 
that law. ---

The following revisions are based on legitimate public concern 
as reflected in the Am.erican Bar Association's standards. National 
Advisory Commission on Criminal Justice Standards and Goals, "Police", 
the Proposed Criminal Code for the State of Missouri developed by the 
Committee to draft a Missouri Modern Criminal Code, and the citizens 
of Kansas City, Missouri.

III. PROCEDURES

A. Authorization of Firearms

1. All officers shall be armed with an approved firearm at all 
times when on duty. An approved firearm is defined as a 
department issued service revolver or an American made, solid 
frame revolver of .38 caliber.

a. All officers when working in uniform shall carry the 
• department issued service revolver.

1741



b. All officers when on duty in civilian clothes shall carry 
the department issued service revolver or an approved 
firearm.

c. Officers assigned to the Investigations Bureau or Special 
Operations Division, whose official duties may require 
carrying a firearm other than those authorized above, 
must receive prior written approval from their bureau
or division commander to carry this firearm.

2. The carrying of a firearm while off-duty is encouraged, but 
shall be at the ontion of the officer. He shall not be subject 
to disciplinary action if an occasion should arise in which
he could have taken action but did not do so because he was 
unarmed. If the officer elects to carry a firearm off-duty, 
it must be a department approved revolver.

3. V̂ ien an officer anticipates that he will consume alcoholic 
beverages in an off-duty situation, he is advised not to carry 
his firearm. If the need arises for police services while
an off-duty officer is visiting an establislment which serves 
liquor, the officer shall call the dispatcher and request 
that on duty officers respond.

4. Officers engaged in off-duty employment which requires the 
performance of police related services shall be armed with a
UĈ /cAi. t.iucj.iu cippi.*OVcu

5. Firearms carried while in civilian clothing shall be concealed 
from public view.

6. The department issued service revolver will not be modified
in any manner, except that factory made, checkered, oversized, 
walnut grips may be used.

7 . Firearms will be loaded with departm.ent approved ammunition, 
which shall not be modified in any way.

8. All officers are prohibited from carrying automatic pistols 
except as set forth in III., A., 1., c.

9. An officer shall never brandish a firearm, nor remove a 
firearm from its holster, other than in the proper performance 
of duty.

10. Off-duty officers, while operating a department vehicle, will 
be armed with an approved firearm.

Officers will provide maximum security for all firearms in 
their custody.

1 M ^
J -  I  “-JC , w



4 .
-

B.' Authorization for the Discharge of Fireams

1. A police officer is authorized and has the duty to prevent 
an attack with a deadly weapon on himself, a fellow officer 
or a member of the public by utilizing whatever force necessary, 
including the use of firearms.

An officer may discharge a firearm for any of the following 
reasons:

To defend himself or other parties from death or serious 
injury.

In effecting an arrest when he reasonably believes such 
use of deadly force is immediately necessary to effect 
the arrest and he also has knowledge at the moment 
he fires that the person to be arrested:

U-<-l) Has committed or attempted to commit a felony 
involving the use or threatened use of violent 
physical force against a person.

1^2) May otherwise endanger life or inflict other serious 
physical injury unless arrested without delay. ^

When an attempt is made through the use or a deadly 
weapon or a threat of great bodily harm, to rescue 
a prisoner who is in the lawful custody of an officer,

c. At a fleeing felon only if he (the officer) has knowledge 
at the moment he fires that the fleeing suspect has 
committed a crime of violence such as murder, rape, armed 
robbery and other lesser offenses, e.g,, kidnapping, 
aggravated assault with serious injury. However, an 
officer may fire only after all other alternatives of 
apprehension have been exhausted,

d. To kill a dangerous animal or to kill an animal so badly 
injured that it should be destroyed to prevent further 
suffering.

3. Officers are prohibited from discharging firearms in the 
following instances:

a. To effect the arrest of a person who has committed less 
than a felony.

b. When it appears likely that an innocent person will be hit.

« c ('0(]<!:■: I



-4-

g-

j/̂ c. At anyone whom he believes may be a juvenile unless the
actions of the juvenile suspect represent a direct threat 
to the life of the officer or other innocent persons, and 
only then as a last resort. The officer will be required 
to prove that his judgement in the matter of age was 
reasonable. If there is any doubt as to the age of the 
subject, the officer should not shoot. A juvenile is 
defined as a youth sixteen (16) years of age or younger.

d. At a moving automobile or from a moving automobile is 
prohibited unless the occupant(s) of the automobile or
a suspect(s) represents a direct threat to the life and/or 
safety of the officer or other innocent persons, and then 
only as a last resort.

e. At a crowd.

f. Warning shots are prohibited.

At a suspect(s) who is holding an innocent person as a 
hostage when firing would endanger the hostage or any 
other innocent person, except in cases of an "Operation 100 
when authorized by a Tactical Unit captain or an officer 
of higher rank.

4. The following guidelines are provided to aid officers who are 
required to discharge firearms at a felon.

a. The discharge of a firearm is an irreversible action and if 
possible, an officer should, prior to firing, evaluate the 
following:

(1) Other methods of effecting the arrest and/or apprehension.

(2) Age of the suspect(s) and the offense(s) committed.

(3) Direction the firearm is to be discharged.

(4) Is the fleeing suspect in plain view? Extreme caution 
must be used at night as darkness may obscure the 
officer's vision.

(5) The danger of firing the firearm while running or 
jumping due to the possibility that other persons or 
property may be struck by the projectile(s),

b. If possible, and if time and conditions permit, an officer 
should assume a department approved position, for which 
he has been trained, prior to the discharge of his firearm.

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c. An officer should resolve anv doubt in his mind against 

the use of firearms prior to shooting.

d. In summary, every possible consideration should be taken 
prior to the use of a firearm, and if an officer believes 
that under existing conditions he should not use a firearm
to apprehend a felon, he will not be criticized or disciplined 
for this decision and his decision to employ every other 
means to effect an arrest.

5. The following guidelines are provided to aid officers who are 
required to destroy an animal.

a. An animal will be destroyed only after all attempts to 
notify an agency capable of disposing of the animal 
(Animal Control, Wayside Waifs, etc.) have been made, and 
the agency will not respond or has not responded after a 
reasonable length of time.

b. If time permits, officers will adhere to the following 
steps;

(1) Effect steps to ensure the safety of all citizens, 
property and other animals by moving the animal that 
is to be destroyed to an area of relative safety, and 
out of public view if possible. This area may b'e a 
vacant lot. rear yard or a roadway medial strip. The 
primary concern is that the animal should be placed

* upon the ground (in lieu of pavement) to decrease
the possibility of ricochet.

(2) Shoot the animal from close range (5 to 15 feet, 
maximum, if possible).

(3) Shoot "down" into the animal so that the projectile, 
if exiting the animal's body, will enter the ground.

(4) Shoot the animal in the brain to minimize suffering. 
EXCEPTION; If the possibility of rabies or that the 
animal has bitten someone exists, the animal cannot
be shot in the brain. In these cases, the animal should 
be shot in the chest cavity, directly behind either 
front leg.

(5) Upon destroying an animal. Public Works should be 
notified without delay for removal of the animal's 
body. EXCEPTION; If the possibility of rabies or 
that,the animal has bitten someone exists, the animal's

>•. body will have to be removed to Municipal Animal 
Control, 861-0123.

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Discha'.-ge of Fireanas Investigations

1. The Internal Affairs Unit will investigate all incidents in 
which an officer discharges a firearm, on or off-duty, except 
the following:

a. Xlie discharge of firearms on the department range and all 
other forms of target practice.

b. Sporting events, to include hunting and organized 
shooting matches.

c. The test firing of firearms.

2. The investigation conducted bv the Internal Affairs Unit w’ill
be in addition to any investiaation conduc ted bv the Investiaaticns 
Bureau and thos e conduc ted bv the Investieations Bureau wi11 
take precedence.

Immediately following the discharge of a firearm at a person, 
it will be the responsibility of the officer or officers involved 
to notify the dispatcher who will notify the officer's division 
or bureau commander, assistant division commander, unit commander 
and immediate supervisor. The immediate on duty supervisor 
will respond to the scene. The dispatcher will also immediately 
notify the appropriate Internal Affairs Unit•investigators 
and Tnvosti n ‘nnc P.M-roan if pTM̂ lir'oKI,-j. j.— —
a. When an officer from a division other than patrol is involved 

and his immediate supervisor is unable to respond, a patrol 
sector sergeant will be utilized in lieu of the officer's 
immediate supervisor.

b. When an officer is off-duty, he will notify the dispatcher 
who will notify the patrol sector sergeant and division or 
assistant division commander responsible for the area in 
which the incident occurs and the appropriate Internal 
Affairs Unit investigator(s) and the Investigations 
Bureau, if applicable, and they will respond.

Incidents involving the SHOOTING OF A PERSON will be investigated 
by the Investigations Bureau and Internal Affairs Unit. The 
investigations will be initiated immediately and completed as 
soon as possible. A thorough and objective investigation of 
the facts pertinent to the incident will be conducted.

a. The field supervisor responding to the scene will be 
responsible for the following duties:

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(1) CoT.mand of the scene orotection of the scene and

b.

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evidence until arrival of the assistant division cocranander.

(2) The supervisor will determine when the officer involved 
is no longer needed at the scene and;

(3) Accompany the officer directly to the Crimes Against 
Person Unit and;

(4) Refer the officer to the commanding officer or the 
sergeant in charge of the Crimes Against Person Unit.

The assistant division commander (or unit commander) responding 
to the scene will be responsible for the following duties:

(1) Comm.and at the scene and protection of the scene and 
evidence until the arrival of the Investigations Bureau 
investigator(s) who will assume command upon arrival.

(2) The scene will be protected by immediately roping off 
the immediate area, if possible, and removing all 
unauthorized persons, including police officers not 
required at the scene. The scene will be protected 
until the completion of all investigations.

(3) The ecsistant division commander (or unit commander") 
will remain at the scene until no longer needed by 
the Investigations Bureau and Internal Affairs Unit 
investigators.

5. In all other incidents involving the discharge of a firearm, 
(SHOOTING AT A PERSON. DESTROYING AN ANIMAL. ACCIDENT.^ DISCHARGE. 
ETC.), the officer, his immediate supervisor (or the aforementioned 
substitutes) and the assistant division commander will remain at 
the scene until the arrival of the Internal Affairs Unit 
investigator.

6. All officers who are witnesses to an incident will remain at the 
scene until the arrival of the Investigations Bureau and/or 
Internal Affairs Unit investigators, so arrangements for necessary 
statements can be made.

7. The officer involved will protect his weapon for examination by 
the Internal Affairs Unit investigator.

a. When an officer is injured and has discharged his firearm, 
the firearm will be secured by his immediate supervisor (or 
the aforementioned substitutes) or the assistant division 
commander, who will make the firearm available for 
examination.

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b. When more than one officer has discharged a firearm in an 
incident, a ballistics examination of all firearms dis­
charged will be conducted.

D. Discharge of Firearm Report

1. Each time an officer discharges a firearm except those listed 
in Section C-1 of this order, he will be required to submit a 
detailed report of the circumstances on a department Form 100 P.D., 
entitled "Discharge of Firearms." The report will be submitted 
as soon as possible after the incident. The report will be 
completed in the following sequence and contain the following 
information:

a. Name and serial number of officer who discharged the 
firearm(s).

b. Date and time of occurrence.

c. Location of occurrence.

d. Type, caliber, and serial number of firearm(s) discharged.

e. Type and caliber of ammunition fired.

f. Number of shots fired and direction shots were fired.

g. Description of object fired at. (If person, name, race, 
sex, DOE, etc., if known; if an animal, a brief description).

h. Whether or not the object fired at was moving, standing or 
barricaded and direction of travel if in a vehicle.

i. Whether or not the officer or officers were moving in a 
vehicle, standing, running, barricaded, etc.

j. Results of the shot(s) fired (extent of wounds, other 
objects struck, etc.).

k. Names of supervisor, commander and investigators responding 
to scene.

l. Other pertinent information concerning the incident written 
in narrative form. To be included are the reasons for the 
use of firearms, etc.

E. Homicide by Officers in the Performance of Police Duty

1. When an officer of the Kansas City, Missouri Police Department, 
on or off-duty, kills a person, a thorough and objective

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3.

i n v e s t i g a t i o n  of  the fac t s  and circumstances w i l l  be i n i t i a t e d  
inmediate lv ,  and completed as soon as p o s s ib l e  by the I n v e s t ig a t io n s  
Bureau.

The o f f i c e r  resp on s ib le  for a homicide s h a l l  be r e l i e v e d  of  
duty by h is  commanding o f f i c e r ,  without lo s s  of  pay or b e n e f i t s ,  
pending the r e s u l t s  of  the i n v e s t i g a t i o n .

a.  The o f f i c e r  s h a l l  be a v a i la b le  at  a l l  times for o f f i c i a l  
in terv iew s  and statements regarding the case ,  and s h a l l  be 
subjec t  to r e c a l l  to duty a t  any time. He s h a l l  n o t i f y  the 
Chief of  P o l ice  prior  to le av ing  the c i t y .

b. The o f f i c e r  s h a l l  not d iscu ss  the case with any one except  
the prosecuting attorney  and department personnel .  This 
does not p roh ib i t  the o f f i c e r  from d i s c u s s in g  the case with 
h i s  a t t o r n e y ( s ) .

The p o l i c y  out l ined  hereinbefore  i s  not intended to imply or 
in d ic a te  that the o f f i c e r  has acted improperly.

When a d e c i s io n  has been made by the prosecutor or the Grand 
Jury r e l a t i v e  to the homicide,  the Chief  of  P o l ice  w i l l :

a.  Suspend the o f f i c e r ,  without pay, i f  the prosecutor f i l e s  
criminal charges or the Grand Jury returns a true b i l l ,

b. R einstate  the o f f i c e r  to a c t iv e  duty i f  the prosecutor  
determines the homicide to be j u s t i f i a b l e  or the Grand 
Jury returns a "no b i l l , "  except in those s i t u a t i o n s  where 
pending department charges require the o f f i c e r  to be under 
suspension.

:ph D. McNamara 
Chief of  P o l ice

DISTRIBUTION: All  Personnel
A l l  Bureaus, D iv i s io n s ,  and Units
To be read at a l l  r o l l  c a l l s  and to be posted on a l l  b u l l e t i n  
boards for one week.

I have read the above order and f u l l y  understand i t . _

Date

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THE USE OF DEADLY FORCE BY 
BOSTON POLICE PEISOMsEL

Boston Police Dcpartrrient 
Planning and Research Division 

I^ay 5, 1974
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TABLE OF CONTENTS

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Intrcductlcn

Current Firearms Discharge Policy
In the Boston Police Department....................... page 1

Current Rev lev/ Procedures In
the Boston Police Department...........................page 2

Boston Police Firearm Discharges (1970-1973)...........page 4

Discharge Sur.mary Cliarts...............................page 10

Firearm Policies of Other Large-City
Police Departments.............  page 13

Review Policies of Other Departments..........  page 17

Judicial Review - A Legal Perspective..................pago 24

General Considerations................................. page 26

Third Annual Report of the Use of Service
Weapons Review Board - Washington, D. 0 ............Appendix A

Use of Deadly Force - Policy Options............... Appendix B

tt..

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INTRODUCT i ON

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1.

The use of force, and specifically the use of firearms by 

police officers, is an issue that has evoked a considerable amount 

of discussion in recent years. This dialogue has shown signs of 

increasing in both frequency and intensity. Indeed, each time a 

suspect is fatally wounded by a police officer, the issue comes 

under the glare of close public scrutiny and questioning.

This high visibility, and the irrevocabiIity of deadly force 

make it imperative that the Boston Police Department carefully 

and objectively review the policies, rules, and regulations governing 

application of such force by Its members. The use of a firearm is 

the ultimate force that a police officer can apply. Because of 

many possible ramifications from the use of firearms the Department 

should consi'anrly be alert to ways in which, through proper regulation, 

the use of such force can be kept to the minimum amount necessary.

It Is important to understand, first and foremost, that society 

has undergone fairly dramatic changes within the last 15 years. The 

civil rights movement, the war and Its resultant domestic conflicts, and 

the broad dissatisfaction among students and young people, have all 

been indications that our society has been involved in a significant 

metamorphosis. It is essential that the proposed changes in the De­

partment's firearm's policy be considered in the context of an over­

all change in the traditional viev/s of the role and function of the 

police, keeping in mind that these proposed changes in policing are 

an outgrowth of the broader changes in society.

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Because of initude of the problem and the many cuestlons

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that are raised, we have seen the need to discuss certain important 

areas under Individual headings. This approach, while significantly 

clarifying these areas, may also present a- possible barrier to 

attaining an overall perspective of the entire firearms question; we 

have therefore included a section cf general considerations ■. .

v.'hich, whi le based largely upon the data contained herein, do not 

lend themselves to a strictly empirical evaluation. Hopefully, 

this will serve as a basis for discussing the policy options set 

forth in the final section.

It has not been our purpose to, at any time, focus on an in­

dividual case or a particular unit v/Ithin the Department. In those 

few Instances where specific Incidents are cited, they have been 

mentioned as being representative of a particular Issue or problem 

area that we believe is relevant and should be dealt with as such.

The need for widespread public support of the police Is clear. 

This support can only be obtained if a large segm.ent of the community 

has faith In the integrity of the police. Yet overseeing the 

activities of the police is almost exclusively an internal function, 

with little public involvement. . Clearly, the public must be con.- 

vinced that the police are doing a thorough job of self-regulation. 

Nowhere Is this more important than when the police officer uses 

deadly force, particularly when he discharges a firearm.

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FIREARMS POLICIES - OTHER DEPARTMENTS

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In the past several years, a significant number of police de­

partments across the country have given consideration to the ques­

tion of police use of deadly force, specifically use of service re­

volvers. in many instances, departments have made revisions aimed 

primarily at clarifying existing regulations. in reviewing these 

policies, we found that there are several rather distinct categories

into v;hich policies can be grouped.

The first category can be said to include those cities that 

currently have in force what could be termed a "traditional" policy. 

This policy has two basic points:

1. A police officer Is authorized to use that force necessary to 

protect himself or others from loss of life or great bodily 

harm at the hands of another, and

2. to effect the arrest or prevent the escape of a person whom the 

officer knows, or has probable cause to believe, has committed 

a felony, when all other means fail.

These are the major points of the present policy of this De­

partment. Other departments which use this type of policy include 

Minneapolis, Newark, Cincinnati, Indianapolis, Cleveland ard Kansas 

City. Obviously, the formats are different, but the basic core of 

these policies is that officers are allowed to use deadly for^e 

either to prevent death or serious injury to themselves or others, 

or to apprehend a known felon. Also, these policies take a specific 

approach - that is they rely on do’s and don'ts to communicate the
(K]l

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Intention of the policy. Hence, while they are somewhat more de­

finitive, they are also potentially restrictive with regard to 

certain situations.
The second category is the one Into which the majority of large 

cities in the country fail.. A typical policy in this group 

would contain the two major provisions of those in the first 

category, except that the part of the policy which dealt with the 

apprehension of fleeing felons makes a distinction between serious 

and non-serious felonies. That is, officers are allowed to fire 

their weapons only if the perpetrator has, in the process of com­

mitting an offense, presented a threat of serious injury or deaih

to someone.
Sometimes specific offenses are listed for which deadly force 

can be used. Indeed, there is somewhat of a distincticn within 

this second category, as some departments allow the use of deadly 

force for a very limited num.ber of crim.es, while others authorize 

its use in more frequent situations. Among the more restrictive are 

Washington, O.C., San Francisco, Dallas, Philadelphia, Oakland, At- 

lanta, Ne-.- Orleans, Honolulu, and Phoenix. These departments, when 

they do list offenses, limit them to a very few, i.e., homicide, rob­

bery, raps, arson and kidnapping. N'ost do not provide a listing, 

rather they simply require an imm.ediate, clear-cut threat to life.

Those departm.ents which provide a list containing additicnaj. offenses 

include Chicago, Seattle, Memphis and Buffalo. The most frequent 

additional offenses for which these cities authorize the use of deadly 

force Include burglary, breaking and entering, and various "assaults^^ ̂  ̂̂
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with intent...."
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There are three other departments which we feei should be 

looked at closely. V.'hlle their policies are somewhat different 

from each other, we group them together because they are rather 

unique and distinct from the previous policies discussed in the 

first two categories.

Los Anoeles, California

. The first of these is Los Angeles. The policy is one which 

sets certain limitations, but relies very heavily on each officer 

to interpret the specifics. For example, relative to felony sus­

pects, section 556.50 of the policy stames, in part:

"...It is not practical to enumerate specific felonies 
and state with certainty fnat the escape of the perpe­
trator must be prevented at all costs, or that there 
are other felonious crim.es where the perpetrator must 
be allowed to escape rather than to shoot him. Such 
decisions are based on sound judgemisnt, not arbitrary 
check 1i sts."

Clearly, the Departm.ent wants officers to exercise discretion 

when apprehending felons however, it provides little In terms of 

specific guidance. The regulations for juveniles and warning shots 

are similar. The degree of accountability is substantial however; 

there is a strong review board to oversee weapons discharges.

New York City

The second Departm.ent is Mew York City. New York handles both the 

questions of protection of lives and apprehension of felons by 

stating that, "In all cases, only the minimum am,cunt of force will 

be used which is consistent with the accomplishment of a mission.

Every other reasonable means v/i I I be uti I Ized for arresting, pre­

venting or terminating a felony or for the defense of oneseif or 

3 p,other before a police officer resorts to ih.e use of his firearm.

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Hence, this policy does not rr.ention specific crimes, indeed it 

does not even make a distinction between serious and non-serious 

felonies, however. It does make clear the serious nature of a 

firearm discharge. Additionally, it sets down certain prohibitions, 

such as warning shots, and shots from or at a moving vehicle.

San Dieco, CaI 1forn1 a

The final policy is that of the San Diego Police Department.

It allows the firing of a gun in the following situations:

1. To protect the l i fe of an officer or another person or to 

preveni" serious injury when There is no al'ernative.

2. To apprehend a violent person who is known to be armed and_ 

dancerous and v.'ho cannot be apprehended witnout risking 

loss of life or serious injury.

This policy is certainly more restrictive than most, however, 

it is relatively concise and definitive. Similar to New York's, 

there is also a listing of situations In which firearms are not to

be used.
Aside from the question of apprehension of a felon which, as 

we have shown, departments have confronted in different ways, there 

are other issues which are often dealt with in firearms policies. 

The most common of these Is the use of warning shots. Of the nine­

teen departments.we surveyed, sixteen strictly forbade such a dis­

charge, two cautioned against it and one had no policy. (It should 

be noted that the concept of a discharge "for assistance" was 

rarely encountered and never permitted.)
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Another frequently mentioned problem was the firing at or 

from a moving vehicle. There was no consensus found, as two de­

partments strictly prohibited it, eight limited it to the most 

serious ci rcum,stances, and nine had no restrictions.

Finally, the question of firing at juveniles was seldom con­

fronted. Only a very few departments advised officers with regard 

to this subject, with the general philosophy being to refrain 

from shooting unless there was an immiediate threat to life.

REVIEW POLICIES - OTHER DEPARTMENTS

Washington D.C.
Among the most notable review procedures is the Washingicn,

D.C. Police Department's Use of Service V.'eapcn Review Board ■.‘•’hich 

was established approximately three years ago. With the exception 

of adequately safeguarded target practice, ail firearms discharges 

as may be referred for consideration by the Chief of Police are 

reviewed by this board. Included as members of the board are the 

General Counsel, acting as chairman; the Commander of the Patrol 

Division, and the Commander of the Criminal Investigation Division.

Looking at the actual duties of the Board, it can be best 

characterized as an advisory arm of the Chief's Office. This is 

in no way intended to de-ernphasize the authority of the Board since, 

in virtually all cases, their recommendations were accepted by the 

Chief. These recom.m.endations ranged from exoneration, to filing 

the case with prejudice, to the termination of the officer. A 

comprehensive picture of the duties and scope of the Board can be 

gained by referring to the sum.m.ary of cases before the Board during

a recent year, (see Appendix A)



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In many of the instances, the suspect was not armed. In 

fact, in 41 out of 44 "for assistance" discharge incidents, a 

fleeing suspect v/as Involved, It seems quite possiblie; then, that 

police officers were using this type of discharge as a warning 

shot, something that is simply not allowed under present De­

partmental policy. But we can never be sure, since as we mentioned, 

the allowance of such a discharge provides for a significant lack 

of accountability. Aside from the dangers inherent in such a dis­

charge, this lack of accountability alone is. In our opinion, a 

strong reason to remove such a discharge from the acceptable 

category.

There are other reasons to prohibit such a discharge. The 

San Frcr.ciscc Police Department makes the following points about 

warning shots in its Patrol Officer's Manuai: "For every suspect

who surrenders upon hearing v/arning shots, there are others who 

flee that much faster. The danger of injuring an Innocent by­

stander or of a ricochet are always present and it should also be 

noted that officers other than the one who discharged a v/arning 

shot may easily be decoyed into' killing a suspect by believing 

that the officer's shot was indeed offered to kill, not to warn."

If these points are valid for warning shots, they must certainly be 

valid for shots for assistance.

As a final point in this area, we must question the effectiveness 

of such discharges, even if they were restricted to those situations 

in which an officer needed help. While the sound of a gunshot is 

cerfainly loud enough to be heard over a fairly wide distance,

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0x©rcisin9 in i”hls si“̂u3TIon•
Perhaps the rrost important consideration is the fact that in 

cur criminal justice system, with the exception of extreme cases 

involving a hcmocide or other crime involving potential deadly 

force, Juveniles are never convicted of any crime. Rather, their 

cases are adjudicated. Upon reaching adulthood, juveniles’ re­

cords are expunged. Obviously if they have been fatally wounded, 

they do not have the second chance, the chance to start with a 

clean record, for which our system of justice provides. Indeed 

anytime an officer fires his weapon at a suspect he may be bringing 

to an end the criminal justice process with a degree of finalixy 

that has no equal.
Additionally, the shooting of a juvenile by the police, 

whether or not it is legally justifiable, inevitably provokes 

cries of brutality from large segments of the community.

The adverse effects cn police-community relations mandate 

considerable restraint in all those cases that do not involve an 

immediate and clear-cut threat to a human life.

it is essential that serious consideration be given to modi 

fying the Depari'ment’s procedures for investigating firearms dis­

charges. As presently s-^ructured, a follow-up investigation depends 

totally upon the personal initiation of such an Inquiry by a respon­

sible official who at some point in tim.e questions The accuracy of 

a discharge report or the propriety of the discharge itself.

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ALL PERSONNEL F?.0:,i: ciilEF H. E. LUX

DATE; CCTOEER 23, 1959

SUBJECT; Arrest Procedures

0

Irf Service Training Bulletin on Arrest Procedures 

Reviewed and authorized by

The Director of Fire - Police 

and

Chief of Pol ice 

Issued

October 23, 1959

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Efforts to dostrc')' goverr.T.onts have started with the neutralization 

.o f  law enforcer.ent and thus r.aking law enforcement ineffective.

This technique has been used many times. We must give no one nor 

any organization any basis for legitimate attacks on this Depart­

ment. The reputation of this Department as the nation's f inest  

has been made by the dedication, co.mpetence and eff iciency of 

i t s  personnel; individually and co l lect ive ly .  There has been 

considerable publicity recently in the newspapers regarding 

alleged "police brutality." We have publicly stated that brutality  

will not be condoned or permitted in the Memphis Police Depart­

ment and we believe we were speaking for every member of this De­

partment. At the same time, we have and will back each member of  

the Department who acts within the law and performs in a pro- 

• fessional m.annar. -We will not be stampeded by rash, irresponsible 

charges of any person or group. We will be influenced only by the 

facts as they exist .

The state  laws concerning making arrests are:

40.803. RESISTANCE TO OFFICER.-If, after notice of 
the intention to arrest the defendant, he either f lee  
or forcible r e s i s t ,  the off icer  may use all the necessary 
means to effect  the arrest. [Code 1858, #5040, Shan., 
#7000; Code 1932,- #11539.]

The Tennessee Supreme Court has held:

"As regards the means to which ,an off icer  may resort to 
make an arrest, the law sharply distinguishes between felonies and 
misdemeanors. While an off icer  may shoot or even kil l  a fe lo n ,

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i f  that is the only rroans of taicing hi;ii on prevc-ntinq his escape; 
yet in doing so th.e off icer  acts at, ;iis peri l ,  for a jury rtav 
find tnac tnere was no reasonable necessity for the ki l l ing and 
that^he is guilty of at least ntanslaugnter. But an off icer  has 
no right to siioot at one guilty of only a nisdereanor to stop 
his f l ight  or prevent his escape.

"If with diligence and caution the prisoner rrn'cht 
otherwise be taken or held, the o f f icer  will  not be just i f ied  for 
the ki l l ing,  even though the prisoner may have co™itted a felony."

The above law and State Supreme Court decisions are set out as all 

of us should be constantly reminded of rights and obligations 

as police off icers. Although force is necessary and required in 

appropriate instances to effect  an arrest, defend ourselves and 

fellcv/ off icers,  and prevent the escape of fleeing fe lons , we 

all realize that only that force which is necessary is  permitted 

by law and no more, and none of us wish to use any more force than 

is  necessary.
\

The Memphis Police Department at the present time enjoys the respect 

and support of the law abiding cit izens of Memphis. Let us con­

tinue to prove to all Memphians that that respect is not misplaced. 

The future of this conir.unity depends upon i t .

We know that we can count on every member of the Mem,phis Police De- 

partm,ent to discharge his duties fa ir ly  but firmly without regard 

to race, creed or economic status, and without fear of favor. Crime 

and lawlessness in Memphis will  be reduced as we all continue to 

diligently discharge our duties despite the efforts of some to 

harass us and reduce our effect iveness.

t-i n*
/ V



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r ' y :These statistics are conpiled from the Memphis 
^^spartment' s arrest statistics. Crrm.es are comoiled into the following categories:

Violent Crimes: Murder and Non-negligent ManslaughterManslaughter 
Forcible Rape Robber^’’
Aggravated Assault

Property Crimes: Burglary - Breaking and EnteringLarceny - Theft Auto Theft
other Crimes: All Others

Arrests of persons for the years 1970-Juveniles (Under 18) Adults
Total Arrests 34,177 161,736Blacks 22,075 92,366Whites 12,078 69,083Others 24 287*% Black 64% 57%
Violent Crimes 763 2,710Blacks 686 2,196VJhites 77 511Others 0 3% Black 89% 81%
Property Crimes 13,998 12,666Blacks 10,242 8,569Whites 3,753 4,080Others 3 17% Black 73% 67%
Other Crimes 19,416 146,360Blacks 11,147 81,601Whites 8,248 64,492Others 21 267% Black 57% 55%

Total
(Juveniles S Adults)

1S5114
81

913441
16131158%

3,4732,882588
382%

26,66418,8117,833
2070%

165,77692,748
72,74028855%

*168 Others from 1971 not included 
herein. See MPD 
statistics for 1971.

I i I

17 g ;



i  • • '  ^  i*"
A
1

1 : ^  -
.  ;  -

'  r .  ' i
i  :

I ^ 0  4

‘yc/H

These statistics are compiled from the Memphis 
Police Department's arrest statistics. Crimes are compiled 
into the following categories:

Violent Crimes: Murder and Non-negligent Manslaughter
Manslaughter 
Forcible Rape 
Robbery
Aggrevated Assault

Property Crimes: Burglary-Breaking and Entering
Larceny-Theft
Auto Theft

Arrests of oersons for the years 1969'-71.
Juveniles Adults Total
(Under 18) (Juveniles & Adults)

Violent Crimes 364 1,375 1,739
Blacks 330 1,127 1,457
Whites 26 248 274
% Black 90% 82% 84%

Property Crimes 7,506 6,960 14,4 6-6
Blacks 5,855 4,764 10,619
Whites 1,651 2,196 3,847
% B'lack 78% 68% 73%

1 ‘ ‘ r » i C

17GJ



— ' \

Statistical Analysis 

for

Uiiley vs. Memphis Police Department

Submitted by:
Dr. Charles T. Kenny 
Psychologist
President, Criterion Development Associates, Inc,
UJhite Station Toiler Suite 1625
5050 Poplar Avenue
IKlemphis, Tennessee 38157
(901) 682-8569

■J ■) V.  ̂ ’  .

1 '1 i b j



X. \

Criterion Development Associates, Inc. has conducted 
statistical analyses on data submitted by the iKlemphis Police 
Department to Ratner, Sugarmon, Lucas and Salky in connection 
with Uiiley vs. lYlemphis Police Department. The statistical 
analysis consisted of a series of z-tests. These tests compared 
the percentage of blacks arrested for certain categories of 
crimes with the percentage of black suspects shot at by police 
in connection with the same categories of crimes. These tests 
reveal which comparisons' show differences large enough to be 
statistically significant at a level of confidence greater than 
would be expected by chance. In this report, where statistically 
significant differences are reported, the result indicates a 
disparate effect on blacks.

Data was available separately for the numbers of blacks 
and whites arrested as suspects in connection with violent crimes 
(murder, rape, robbery and aggravated assault) and in connection 
with property crimes (Burglary, larceny, theft and auto theft).
Data was also available separately for the' numbers of blacks and 
whites shot at in connection with both violent and property crimes. 
See Table 1 for the statistics.

Table 2 shows the percentages of blacks arrested and shot 
at for both categories of crimes. Uihile there is a slightly larger 
percentage of blacks shot at in the midst of violent crimes than 
the percentage of blacks arrested for these crimes, the difference 
is not-large enough to be statistically significant. The percentage 
of blacks shot at in the midst of property crimes is clearly much 
higher than the percentage of blacks arrested for these crimes.
The difference is almost eighteen percentage points. It is 
statistically significant at the .0001 level, which means that 
there is only one chance in ten thousand that the difference is

 ̂̂ ! r - f ̂  / C

177j



due to change. The implication of this finding is that race has 
definitely been a factor in the police shootings in the rHemphis 
Police Department, and that the race factor has operated in a may 
that has had a disparate effect on blacks.

I ,

17 i JL



■ "-A

TABLE 1

NUMBER OF BLACKS AND TOTAL OF 
BLACKS AND lUHITES ARRESTED AND SHOT AT 

FOR PROPERTY AND VIOLENT CRIMES

Arrests Police Shootings

Blacks Total
r I ‘Property ' . .■ -< 1

Crimes 18,811' 25,544

Blacks Total
V\

84 95

Violent
Crimes 2,832 3,470 53

V ’

52

n o n  -iiifi



-✓

TABLE 2

PERCENTAGES OF BLACKS 
ARRESTED AND SHOT AT 

FOR PROPERTY AND VIOLENT CRimES

p < . 0 0 0 1

Arrested Shot At

Property Crimes 

Violent Crimes

70.5^
83.1^

88.4^***
85.4^

17 7 3

fi -i



Addendum to 
Statistical Analysis 

for
lliiey vs. lYlemphis Police Department 

Statistics for.1959-1971 Only

Submitted by:
Dr. Charles T. Kenny 
Psychologist
President, Criterion Development Associates, Inc,
White Station Tou;er Suite 1525
5050 Poplar Avenue
lYlemphis, Tennessee 38157
(901) 682-8559

1 7 7 4



Based on 1959-1971 data only, the percentage of blacks 
shot at in the midst of property crimes is mucin higher than the 
percentage of blacks arrested for these crimes. The difference 
is more than thirteen percentage points. It is statistically 
significant at the .02 level, tuhich means that there are less 
than tujo chances in one hundred that the difference is due to 
chance. It can be concluded that tne difference is statistically 
reliable. The implication of this finding is that race has 
definitely been a factor in the police shootings in the Pfleriphis 
Police Department, and that the race factor has operated in a 
ujay that has had a disparate effect on blacks.

z > r \  ̂i *■/ '/V -i \i'

17 7 5



NUMBER OF BLACKS AND TOTAL OF 
BLACKS AND UJHITES ARRESTED AND SHOT AT 

FOR PROPERTY AND UlOLENT CRIIYIES

TABLE I

Arrests

Blacks Total

Police Shootings 

Blacks Total

Property
Crimes 10,619 14,466 46 53

Uiol.antCrimes 1,457 1,739 18 23

1-a. / » O



PERCEiMTAGES OF BLACKS 
ARRESTED AND SHOT AT 

FOR PROPERTY AND l/IOLENT CRIflflES

TABLE 2

Arrested Shot at

Property Crimes 

Violent Crimes

7 3.4% 

33.8%

88.8%**
78.3%

p̂<. 02

onn-H':;

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U u  J  J  u  U  ;i y M U 'lA ^ 1 U *aA.*3 M u  k .^  d  -.i u s-.' >'■ J ij It O' y

FOR RELEASE
T’JESDAY A.M., AUGUST 29, 1972 
FRii'JTED ANNUALLY

N n ;

1 7 7 8



\RT

CRIME INDEX TOTALS

The Uniform Crime Reporting: Program utilizes 
seven crime classificaticns to establish an index to 
measure the trend and distribution of crime in the 
United States. These crime?—murder, forcible 
rape, robbery, aggravated assault, burglary, lar­
ceny S50 and over in value, and auto theft—are 
counted by law enforcement agencies as the crimes 
become knoum to them. These crimes were selected 
for use in the Crime Index because, as a group, 
they represent the m.ost common local crime 
problem. They arc ail serious crimes, cither by 
their very nature or due to the volume in which 
they occur. Offenses of murder, forcible rtipe, 
robbery, and aggravated assault are categorized as 
^^o]ent crimes. Offenses of burglary, larceny $50 
and over in value, and auto theft are classed as 
crimes against property.

It is believed desirable to point out that there 
is no way of determining the total number of 
crimes which are committed. Many criminal acts 
occur which are not reported to official sources. 
Estimates as to the level of unreported crime can be 
developed through costly victim interNnew surveys, 
but this, or course, does not remedy the reluctance 
of ^detims and/or other members of societv to re­
port all crimes to law enforcement agencies.

In light of this situation, the best source for 
obtaining a count of crime is the next logical 
universe, namely, crimes wliich come to police 
attention. The crimes used in the Crime Index are 
those considered to be most consistently reported 
to police and the computations of crime trends and 
crime rates are prepared using this universe— 
offenses known to police.

The crime counts set forth in this publication 
arc actual offenses established by police investiga­
tion. Wlien police receive a complaint of crime and 
the follow-up investigation discloses no crime 
occurred it is “unfounded.” On a national average, 
police investigations “unfound” 4 percent of the 
citizen complaints concerning Crime Index of­
fenses ranging from 3 percent in the larceny 
classification to 18 percent in forcible rape 
complaints. Unfounded complaints are eliminated 
from these crime counts.

In calendar year 1971 an estimated 5,995,200 
Index offenses were reported to law enforcement 
agencies, a 7 percent increase over 1970. The vio­
lent crimes as a group made up 14 percent of the 
Crime Index total and rose 11 percent, with

177<

murder, forcible rap/e, and robber}- eacli up 11 
percent and e.ggravated assault up 10 percent. 
Each of the voluminous propert}- crimes lecm-d.ed 
an incrca.se, which comributed to the 7 percent 
rise in tiris group of offenses rei.n-csonting SG j)crcent 
of the Crime Index total. Individually, burglary 
was up 9 percent, lareeii}- $50 and over in value 
increased 7 percent, and auto theft was u[) 2 j)cr- 
cent. Since 19C6, the violent crimes as a group have 
increased 90 percent, property crimes S2 percent, 
and the combined Crime Index S3 percent in 
volume.

As in jjrior years, the suburban areas continued 
to show an above average rise in the volume of 
crime wiih an 11 ijerccnt increase over 1970. The 
large core cities having populations in excess of 
250,000 wore up 2 percent in volume and trie rural 
areas registered a 6 percent upswing. The largest 
American cities over one million [lopulation regis­
tered an average increase of 3 percent. It should 
be noted that while the suburban areas continue to 
record sharp percentage upswings in the volume of 
crime, a much higher level of crime occurs in tlie 
large cities.

Crime increases were noted in each crime classifi­
cation and each geograpliic region in 1971 nitli the 
Northeastern and vVestern States eaci'i up y per­
cent and the Southern and North Central States 
each up 0 percent.

Estimated 1971 crime figimes for the United 
States are set forth in the follo\ring table.

CRIME AND POPULATION

Crime rates relate the incidence of crime to 
population. A crime race should be considered a 
victim risk rate in that it demonstrates the risk of 
becoming a victim of crime.

The Crime Index rate for the United States in 
1971 was 2,907 per 100,000 inhabitants. This was 
a G percent increase in th.e victimratc over 1970. The 
national crime rate, or the risk of being a victim 
of one of these crimes, has increa.sed 74 percent 
since 19G6. Many factors influence the nature and 
extent of crime in n particular community. A 
number of these factors are shown on page vii of 
this publication. A crime rate takes into considera­
tion only the numerical factor of population and 
does not incorimratc an\- of the other elements 
which contribute to the amount of crime in a given 
area. The statistical tables in this publication 
disclose that the varying crime experiences.



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c:/\. T  /

d : tiie ittitld ztat ẑs district court
FOR THE I'JESTEPIi DISTRICT OF TEM'ISSSEE 

iraSTERII Dr/ISICM

MARTHA WILEY, ETC.,
Plaintiff,

VS.
MEMPHIS POLICE DEP.<IRT1’IEHT, 

Defendant.

)
)) Cr/IL ACTION HO. C-73-8 
)
)

The Discovery Deposition of JjUIES K. RICILIRDS,
III, taken on behalf of the Plaintiff, pursuant to cc.nsent, 
on this, the 7th day of February, 1974, begiruiing at 
approximately 4:30 o'clock p. m., in the offices of the City 
Attorney, 125 North Main, Memphis, Tennessee.

This deposition is taken pursuant to the terns 
and provisions of the Federal Rules of Civil Procedure.

All forms and formalities are vraived. Including 
the signature of the witness, and objections alo.ne as to 
matters of incompetency, irrelevancy, and immateriality of the 
testimony, are v;aived, to be presented and disposed of at or 
before the hearing.

i. i

Lzx &  <zr̂*LiLOciatzi.
COURT REPORTERS

SUITE 410, riRST AMERICAN RANK BLDG. 
MEMPHIS, TE.NNES6EE 30103

455
TELEPHONE 330-1232 OR 920.1233



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J/CS3 K, RICH;\HDS , I I I .

the xvitnessj being first duly svrcrnj uas enar.'.ined and 
testified as follows:

DIRECT s::A:-miATiON
BY MR. CALDlffiLL:

Q. Mr. Richardsj rcy name is Caldwell. We have kept 3’ou 
longer than we intended and we apologize for that. We vrill 
try to get through as quickly as possible.

Would you state your name, please?
A. James K. Richards, III.
Q. I'Tnat is your present position *.v’ith the Memphis Police 
Depa,rzmsnt?
A. Patrolman.
Q. On January 8, 1972, you had the same position of 
patrolman?
A. Yes, sir.
Q, Were you assigned at that time to the South Precinct? 
A. Yes, sir.
Q. You were riding in a car on that night v;ith Patrolman 
Cox, is that correct?
A. Yes, sir.
Q. Was he driving the car or v;sre you driving the car?
A. He was driving.
Q. Do you recall getting a call to the South Eelle’/ua

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Ma.rine Gcnpaẑ y?
A- Yes, sir.
Q. Would you take it frcn there and Just fill :ae in as 
much detail as you can rememher v̂ hat happened after you 
received the call to the South Bellevue Marine Ccmpan:,*?
A. The vdiole thing?
Q. Yes.
A. The call came out as a prov;ler inside call to the South | 
Belle^rae Marine. It's at the corner of ScllevTue and Berguson.

Cox and I were north on Bellevue. I believe we were 
rlaht along the expressway Just no’oth of Brocks a short 
distajcce tnere. Another car got on the scene v/ith Calliners 
and Rolescn in the car. They came back on and said they do 
have prowlers inside.
Q. This v/as back on the radio? j

iA. Right, They said they had prowlers inside. Ckay. Well^
ithey said it took us, I guess, about 30 seconds to get there.

We pulled along to the front and I believe it v/as Mike or
Dave said, "There's three inside."
Q. This v;ould be Mike Calliham or Dave Role son?
A. Right. We pulled alongside -- pvilled down Ferguson
about even with the rear of the building. Jumped out and two
male blacks come out the back door right as we were getting
out standing right next to the fence. There's a fence all the

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1 A. Self-defense or if all knov;n v;ays to catoh a fleeins 
felon failed or he cannot be apprehended,, to firs.
Q. I suess you were given the same instructions with 
.regard to both the use of the shotgun and the pistol?
A. Right.
Q. Were you also instrvicted to use the pistol when 
another citizen's life was in danger, for example?
A. Rigllt,
Q. So, either in self-defense or vhien another citizen's 
life v;as in danger or a fleeing felon v.'hich you cannot It j

othein-’ise catch? |
I

A. Right. • . ■ III
Q. vrnat v:ere yo’a instructed with regard to misdemeanors j 
comj.ritf2d either in your presence or people you were attempt- j
ing to arrest for misdemeanors who fled?
A. You are hanging yourself.
Q. I'm sorry?
A. You are hanging yourself if you do that. That's not 
policy.
Q. Were you instructed —  let's say, for example, on the 
use of the shotgun. Were you instructed —  well, my 
general understanding about the pistol is that the instruc­
tion is that if you are going to use the pistol you don't 
try to v;ound or cripple. You shoot to kill v;hen you use the

O Q i u o



1 pistol?
2 A. The sajne as with ths shotgun.
3 Q. Ths sane as v;ith the shotg’on?
4 A. Right.
5 Q. So, if you are shooting at a fleeing felon with a
6 shotgun the same policy applies that you shoot to kill him?
7 A. Right.
8 Q. Is the only reason you have the shotgun on the night
9 of January 8th the fact that you vj-ere the shotgun can tlxa'C
10 night?I
11 A. Right.
12 Q. You weren't (driving, I take it?
13 A. No, sir. I just got the shotgun out.
14 Q, You didn't have the shotgun because of the distances
15 involved or anything like that? You just automatically as 

a part of standard procedure took the shotgun with you v.'hon
1? you got out of the car?
12 A. Right.
19 Q. Does the shotgun have a shorter effective range than
20 the .38 speciauL?
21 A. Yes, sir.
22 Q. Are there situations then in v;hlch even if you had
23 the shotgTin you v;ould lay it aside and use the pistol?
24 A. I don't understand your question.

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1 A,

Q. If it a r;r33.tcr distance than that v:ould you use 
your pistol rather than use your shotf̂ un?

fA. Probably.
Q. That is essentially v;hat I v:as tr?/lng to get at.

In your Criminal Lua course did you receive any kind
of instructions as a part of that covirse 7'hich had to do
with the use of f irearns?
A. Criminal Lav? on the felon, :fleeing felon.
Q. In other s, you learned soma of' the definitions
of felony" and mi c ci 3meaner in that course?
A. Right.
Q. Since you've been on the force -- and that uas in 
1908 if I recall correctly other than the night of
January oth nave you discharged your firearm in circum­
stances other than practice at the firing range or training
A. Yes, sir.
Q. What uas the first circumstance that ycu. recall 
discha.rging either your pistol or your shotgun after you 
came on the force?
A. It nas In I989.
Q. Tell me v;hat the circumstances uere at that time.
A. Heeing feloo. and burglc.ry.
Q. ;Jhere did this occur? I

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:-PSCiT : ■■,’e are to object f” * »»<

for the record. tha‘ ;an continue to ar.sucr as to
a.ll incidents that are not relevant to this specific

/
Incident. A continuing objection,

ME, CALDi-JELL: I uill acpuiesce in your continu­
ing ob.jection to all instances other than the 
Ja.nua.ry 8th incident.

MR. THCHPSO!!: I'm talhinr about as far as.
you hneu^ instances pertaining to uhat you are asl:ing

,t you to getI-ul. n "T T ' T . T T T  TLfj . 1 - . 1 - j — ’J-i : I ju.st didn't

agree co the word irreleva.nt

IIR. T T ) c r \ 7 \ T Go ahead end

(3y the uitness) September llthj 1 9 ^9 i I believe 
the correct date.

Was that at night or day?
That uas about 2:00 o'clock in the m.orning, at might.

1j k • (3y thi
that ' s the c<

Q- Was th;

A. That u;

Q. 2 a. m

A. Right.

Q. Ifnere '

A. I beli
Hunter. It •

Q. Is tha

A. Yes. s

re you?
I believe the correct address v;as University and

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1 Q. 'Q-j North Mo:nphis I mean that part of North I'o'.tphis 
south of the Wolf River?
A. Right.
Q. Tell me —  Just briefly run through 7?hat happened 
that night or that morning rather?
A. Well, I arrived on the scene of another call similar 
to the one we are tallcing about. Prowlers inside^ two 
male blacks inside. Police officers got around to the side 
and saw them coma out the back of the building. i

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I t.alked to the policeman that had seen them and he j
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g-g_Yo me the description. Thê / started to xiring sack |
toward he ran. They '.v-ent down that v>'ay searcning icr hii:: .
and the next thing I Imnew —  I vias still standing right |

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beside the store and the son of a gun Just doubled around |

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and started running back tov;ard where I was standi no. They we:''-,

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still shooting and bullets were Just whiszing right on |
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past me and cutting through the trees and everything.
Q. In other words, the officers that had run dov;n vrere
shooting back toward you at this point?
A. Yes. He came back toward me and he started running, 
you knov;, back over toward University. I believe it was 
University that is east - viest. I'm not sure. Yes, 
University.
Q. Had you fired any shots up to this point?

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hollering halt the whole time. He ran between a couple oi” -- 
thera v;as about tv;o houses differencej about seventy-five 
hundred feet and I ran out to the street and he come out 
between the house. I kept on hollering halt. He just kept 
on running. He started running back ea.st av;ay from ue and I 
fired three times with my service revolver. He fell dead In 
front of 1125 University. The third shot hit him right in 
the back of the head.
Q. Did the first two shots hit him?
A. NOj sir. Ho was 51 yards away from me when he fell,
Q. How fai’ were you from where you had initially been
beside the building?
A. I v;ould say 5^ to 75 feet.
Q. V/as this a black adult male?
A. Yes, sir.
Q. Did he have a record that you knov; of?
A. Yes, a lengthy record,
Q. A lengthy record?
A, Yes, sir.
Q. Was he armed?
A. No, sir.
Q. There v;ere two of them, is that correct?
A. Yes.

A. sir. Everybody v;as hoilerins halt. They had been

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Q. There vrere two burg3.ars inside the building?
A. Yesj sir.
Q. Was the other one apprehended?
A. The other one we Just never knev/ vrhat happened to hin.
Just gone.
Q. i-̂ at kind of business establishment was it?
A. A Chinaman's grocery. I think it's T-u-n-g, Tung Wonr,i

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W-o-n-g. Tung Wong Grocery, I believe. ! ̂ tf
Q. As a result of that was your one bullet the only shot |

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that hit this guy? i

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A. Wo, sir. . A pellet from the shotgun that one of the i
IIother fellows fired str-Ack him in the leg, calf of his leg. ;
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Just a minor injury. |
Q. Was this before or after he started running? I neoxi 
was this before or after you had hit him?
A. This v;as before I hit him because I was the only one 
firing at him at the time.
Q., At that time?
A. Yes, sir.
Q. Tell me v;hat kind of Investigation the Police Department 
conducted with regard to that incident? What did you have tc 
do and what kind of investigation did you have to subrait to?
A. A statement to homicide.
0. Did homicide come to the scene?

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Q. Was any disciplinary action taken against ycu in this 
matter?

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A. NOj sir.
Q. Has there been any other instance since that I969 
incident in v/hich you discharged a firearm and hr. Thomosen 
has a continuing objection to this?
A. Yes, sir.
Q. Would you tell us what that is?
A. I shot a fellcv'/ back in July of 1973 •
Q. All right. This v/culd have been after the Fred Lee 
Berry incident?
A. Yes, sir.
Q. Between the September 11, 19^9 shooting at University 
and Hunter and January 3, 1972, you had not discharged 
either your shotgun or your pistol?
A. No.
Q. All right. April of ’73?
A. No j July.
Q. I'm sorry. July of '73. VJhat were the circumstances 
of that?
A. My partner and I answered a disturbance call and we 
got out on the scene. There was a male black had his left 
hand full of butcher knives and paring loiives and such and

A. Right. That’s v;hat they did.

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had a long butcher knife in his right hand.
Q. 1‘There v;as this?
A. This was on Tulane^ 4739 Tulone, Apartment K’omber -- 
I just really don't remember the apartment number.
Q. I'Hiat kind of call have you received?
A. Just a disturbance call.
Q. Were you the first car to arrive at that scene?
A. Yes, sir.
Q. I-Hio was your partner at that time?
A. Patrolman G . J. Blum.
Q. Incidentally, v;ho was your partner in the 19o9
incident? Do you r•ecall?
A. There was so dadgum many of them. That's vmen we
were riding tactical units. iI

iQ. Ba.ck to the July incident. You arrived on the scene j 
and there was a guy who had both hands full of knives or |i
something? !
A. Well, he had his left hand full of knives and he had 
a big butcher knife in his right hand.
Q. Was he drunk?
A. Well, we don’t really know. His v;ife was on the
porch saying, ”He’s crazy. He’s acting crazy. Get him out.’ 

His statements —  he made quite a few threats and
everything.

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1 We cpened the fô ’̂er door to the o.partnc-nt:i and sa'.r hir* 
standing in there. He had all of his children lined up on 
the couch threatening to cut their throats and quite a fê.v 
obscenities. "You come on in here and I’ll cut your throat 
you — " such and such, you know.

So, my partner and I v.-ere standing there. Idept begging 
with him to drop the Itnife, drop the luiife. He O'-̂st chunked 
the butcher knife and the butt of it hit my partner and threw 
him back. He reached in his hand and started to lunge at 
me and I fired one time.
Q. Cid you kill him?
A. Kc, sir.
Q. Did your partner fire any shots?
A. No, sir. He v;as sort of stunned, let's say that.
Q, VThere did your bullet hit him?
A. Oh, about two inches below the heart.
Q. Were any other units on the scene at that time?
A. No, sir.
Q. How far away was he away from you vmen you fired?
A. Well, sir, he was about, I would say, ten to tv̂ elve
feet.
Q.
A.

How large a man was this?
A pretty good sized fellow. He was about five, eight

to five, ten. Weighed 190 to 200 pounds.

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Gi- Hov; cld ',;as he approxiniately?
A. In his thirties. I don't remember his age. That trial 
is still pending by the v:ay.
Q. The charges against' him?
A. Right.
Q. The trial is still pending?
A. He is under Indictment for assault to murder.
Q. Vlas he indicted for anything else? I talce it the
assault to murder was against you?
A. Right.
Q. Was he indicted for anything else that you ’ccnow of?
A. No. sir. That's it.
Q. The September 11, 19o9 incident would fall in the 
category of shooting to prevent the escape of a fleeing 
felon?
A. Yes, sir.
Q. And this July, 1973 incident would fall into the
cate
A.

gory of self-defense in your 
Oh, yes, sir.

op inion?

Q. Have you discharged your fireana since Ĵuly?
A. No, sir. Tharlc goodness I haven't been called

Q. Either your pistol or your shotgun?
A. No. •

Q. Tulane, is that the Tulane Apartments?

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Q, thn,t crir-io a crl'~ie in nliich if ycu nere tryir~ t-:?
arrest the person for receiving stolen property and they 
fledj that you uould use either the shotgun or the pistol?

MR. THOMPSOii; Me are going to object to that.
I think it's too broad. He has stated on uhat 
occasions ho vrculd use deadly force and I thinlc it's 
so broad that it poses such a hippothetical situation 
that he couldn't nossibly ansuer it as responsive to 
just that question. I thinlc you can be a little bit 
acre specific about it.

M.R. CILDMILL: I don't see hou I can be more
specific.

MR. SHEA: Tah5.np a for instance: That I'rri
handing o’s ms.ybe I'm. partlcipatlnc in a burglary but 
I am receiving a television set out the windos-;. Am I 
receiving stolen property then?

MR. CALDMELL: I'm .not ashing about whether or
not he would use deadly force in this circumstance. 
I'm asking him if that is a crime for v;hich he would 
feel authorized to use dead.ly force in any circ’uia- 
stances, you knovr̂  aside from self-defense or attempt­
ing to harm som.ecne else, to stop the felon from 
getting av.’ay.

Q. fBy Mr. Caldw-ell) In other v;ords, if you vrere

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1 attcrmptiriE to arrent scmecody for rocsivlr.f; stolen, property 
and thoy ran and you f̂3lt like they were going to get c,v’o.ŷ 
v/ould you use deadly force or vrauld you feel authorised 
under Police Department policy and giaide lines in uhich 
you've been instructed to use deadly force?

THE WITNESS: What do you think, Mr. Thompson?
MR. THOMPSON: Go ahead and answer.

A. (By the witness) I'd have to ta>:e that personally. 
No, I wouldn't. I can't say vha.t any other Joker would do. 
Q. V/hy is that?
A. To me as long as you've got the property, that's tiie
major thing, if the decision is left up to the officer.
Q. But you wouldn't —  do you consider that crime a 
felony?
A. It's a definite felony. I v;culdn't go along with
tliat.
Q. But if he got av;ay he v/ould Just get av/ay and you 
I'̂ ould catch him some other way?
A. Right.
Q. What is the difference in your mind between a person
who is fleeing from an attempted arrest for receiving 
stolen property as compared to a person who is fleeing from
an attempted arrest for the charge of burglary?
A. It's a whole lot greater to me. Offense is offense.

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1 So ’.s'hat? It's aothing. You can 3et hici sooner or later 
anyr/ay. A person that's coxsiitted a burglary, if you can't 
catch him any other v/ay, then you have to. You have got to 
stop him. I might add this --

THE I'nTITSSS: Should I go into the previous
experience I've had with South Belle’nie Marine?

(lihereupon. Hr. Thompson and the witness had a 
discussion off the record.)

Q. (By Mr. Caldv;ell) Are you going to tell me about 
your experience?
A. Yes. I've been down there two other times âyself in 
the past talking to Don Hoffman in taking burglar̂ '’ reports. 
I've been down there before and I've taken two other theft 
reports from him v/here people come up through the rear and 
cut the fence and go up and sneak motors off. Tliat man has 
lost quite a bit. He really has. That's just tvro tLmes me 
personally and I didn't even run that v;ard,
Q. Was that prior to January 8th?
A. Oh, yes.
Q. You had been on two burglary calls down there before? 
A. Right, just myself and I had heard about previous 
others.
Q.
A.

The other two xvere after the fact sort of things?
Right.

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1

Q-
A.
Q.
A.

Q. That's your own personal exercise of discretion? You 
haven't been given any instructions in that regard?
A- Wellj you are suppose to., .Any t5T5e of fleeing felon. 

Your feeling is that you wou"' i?
Not novf.
I'm sorry?
Hot now.

MR. THOMPSON: He said not now. He V7culdn't
do that now.

MR. ALLISC!'i; He vrould not shoot a fleeing 
embezzler now. .

MR. THOMPSON: That's right. |
I

(By Mr, Caldv;ell) Mould you consider that a violation!? 
It would be a violation of departmental rules. I 

would probably get canned for it.
Q. Would you have done it prior to this lawsuit?
A. Man, you are really hitting on a subject that is
really something else.

MR. THC14PS0N; Let me make this observation.
We want to object to the form of the question and 
make this observation in the objection. I think if 
you would ask him what the rules and regulations or 
general policies or his orders are as pertaining to

d o n ' t  b e l i e v e  I  w o u ld .

170 V

Q.
A.



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1
IN THE UNITED STATES DISTRICT COURT 

FOR Tins irESTERN DISTRICT OF TENNESSEE 
VrSSTERN Dr/ISION

MARTHA WILEY, ETC., )
/Plaintiff, )
\

VS. ) Cr/IL ACTION i:N ro. C-73-S
IIEMPHIS ;POLICE DEPARTI-IENT, )

)Defendant. )

The Discovery Deposition of S. G, COX, taken 
on "behalf of the Plaintiff, pursuant to consent, on this, 
the 7th day of February, 197^^ beginning at approximately 
11:30 o’clock a. m,, in the offices of the City Attorney, 
125 North 1-Iain, Menphis, Tennessee.

This deposition is taken pursuant to the terns 
and provisions of the Federal Rules of Civil Procedure.

All forms and formalities are waived, including 
the signature of the v̂ itness, and objections alone as to 
matters of incompetency, irrelevancy, and immateriality of 
the testimony, are waived, to be presented and disposed of 
at or before the hearing.

1̂/1/zlj
COURT REPORTER*

SUITE 410. FIROT AME.RfCAN BANK BLDG. 
MEMPHIS. TENNCBSEE 38103

TELEPHONE QE8.1232 OR 320.1233 i \J ̂



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5, G.. COX,
the witnssG^ heing first duly sworn, was examined and 
testified as follows;

DIRECT EXiUillTATIOIT
BY im , ALLISCII;

Q. I-ir. Cox, lay name is Jiia Allison end I an the attorney 
for the plaintiff in this cane, L!artha "'.’iley. I will tale
your deposition about an incident tliat occurred on January 3,!

I

1 9 7 2  involving a burglary at 2533 Elvis Presley Boulevard |
’ I

’Which I believe is called South Mesnhis Marine. |
1I

Any questions that I ask you that you don’t understand |
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or I don’t moJce clear, you Just ask me to make ir< clear and
III will try to. j!

Would you state your name, please?
A. Sergeant B, G. Cox.

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Q. 'VJhere do you live, Mr.- Cox? |
THE T<7IT1BESS; >Jhat does he ’want to know that for?

VIhat difference does it make?
MR. SHEA: Just go ahead and ans’wer the quest ion <

It can’t be anything detrimental to us.
A. (By the witness) ^190 Arrot-jwood.
Q. That's here in Menroliis?
A. Yes.
Q. '5-Jhat does the B. G. stand for?

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A. Billy Gsne.
Q. How old are you?
A. Thirty-one.
Q. Wiere were you boi'n?
A. St ant onville j Tenne s s e e.
Q. You attended Adanisville High School in Adarsville, 
Tennessee?
A. Yes,
Q. Graduated in 1950?
A. Yes.
Q. Did you grov; up in Adamsville?

Just outside of Adarasville,
Fiien did you come to Memphis?
'60, I guess. Waea I got marriedj *6l. I don*t 

remember exactly,
Q. What Jobs did you hold before you Joined the police 
force?
A. I’ve had several. I don’t loicrw.
Q. Think back now and tell ms vrhat they v/ere.
A. I v/orked for Memphis Stone and Gravel once, I -worked 
for a private contractor once,
Q. Anj'-body else?
A. I worked for a paridng lot company,
Q. ■j'JIien did you apply to Join the police force?

Q.
A.

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Q. You came to Meirphis here in i960 and vroricad for these 
people you Just told me about and then in I963 you applied 
to Join the Metmihis Police Force, is that correct'?
A. *62 or ’6 3. It was approximately a year or tvro yea.rs 
before I came on after I put in an application.
Q. Did you go -chrcugh the Police Academy here?
A. Right,
Q. Eow long did it last?
A. Fo'ar months —  correction, Tiiree months,
Q. Did the Police Academy give 370U training in the use
of firearms?
A. They did,
Q. Did you have both training in the use. of firearms and
then actual time spent on the range firing firearms?
A, We did.
Q. How long was each one of those, if you remember?
A. We had a week on the range of training to fire. I
don’t remember how much time was spent in the classroom.
Q. I-Jhen you spent a week on the range what type of 
firearms did you fire on this range?
A. .38 Special Smith and Wesson.
Q. Is that the standard police revolver used here in
Meirohis?

1 on .i  O  U  JL

A. '63 I  ‘believe,



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Ifnat instnxctions did you receive about the use of
firearms in apprehending a person v;ho had couraitted a felcnv;

!IA. Said to shoot as a last resort to stop a fleeing felon
from escaping or in self-defense. |

1Q. yfnat about a person vino has cormitted a niisderaeanor? |
!A. Do not shoot, !
iQ. '̂■■rnat is your understanding of the difference betvreen ^

a Elisdemeanor and a felony? |
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KR, SHEA; I’m going to object to that. You |J
can go aiiead aixd onsvrer it. !

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This man . is not a lavryer. The Supreme Court on '
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msnj?' occasions has trouble distir^iishing about the I
different types of crimes and things of that nature. |}

14R, ALLISOH: 14aybe I can ask another question |
to lay a predicate that viculd be more acceptable to 
you.

Q. (By Hr, Allison) During the time you v;ere in Police
Academy training viere you given any instructions in Criminal 
Law?
A. Yes, sir.
Q. As part of that instruction viere you instructed as to 
the various crimes that could be committed?
A. Yes, sir.

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to attempt to stop a fleeing felon?
A. I guess when Fred Bcrri’’ vras shot,
Q. Tliat was Jcuiuary of 1972> is that right?
A. I think so,
Q. You don't remember doing it siiice then?
A. IIo,
Q. Have you used the shotgun since that tine to attempt 
to stop a fleeing felon?
A. Ho,
Q. Uhsn vras the last time that you did use a shotgun 
bo attempt to stop a fleeing felon?
A. .1 don't think I ever have.
Q. Did you ever have occs.sion to discharge your pistol 
to attempt to stop a fleeing felon before the tine of Fred 
Berry?
A. Yes.
Q. VJhen was that? Just the best you remember?
A. I don't remember the date.
Q. Just make it as approximate as you can.
A. I couldn’t even tell you the year.
Q. All right, sir. Tell me the debails of it then.
A. I don't kncni if that v;as the last time before that
or not but it was one time. It was shooting at a stolen 
car that was fleeing from us.

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1 /•> 'Tnsre v.'arj that?
A South Keuphis on. Wellinr;tcn or 'T'v.r rrr- --•
Q. !vsre yo'.i in your car Ehooting or on foot

A. In the squad car 'ch.asins them.
Q. has the squad car movinq?

A. Yes.
Q. Did you hit .anybody in the car?
A No.
Q, Bid you hit the car?
A!• Yes^ sir.

hho -US drivinq the car?
A .I don't remember. The squad car or --

Q- (Interposixis) No^ sir, the car you uere
A I don't remember his name.

Q. ;Zhite or black?

A. Male black.
Q. ?7ere you able to apprehend this male blu'

A. After he finally urecked vre approhended :

Q- I'Tou hcv; do you Isnou th:^ car v;as stolen?

A. The car earlier had took a report on it

ov.Tier. The ovnner had called and turned his ca

and it' vras verified.
r> Did you hs.ve the license?

>-;-o ■

A. The disryatcher Dut cut a hroadcast on it.

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1 car got *1 4“ ri <'1 ĈJ. Owl J_ 0 cl*- l  i-e sto,rtod running.
2 Kov; far did you ho.ve to cho.se him before h.e eked?
3 :je chased him appromimat ely t'.ro to three mil rrw o •

4 Another car chased him before that .

5 'w- I.-as that at night or during the doytime?
6 Night.
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•V* Before tliat or after thet uhen uos another time that
8 you discharged your pi stol to apipreliend a fleeing f g1on?
9 J i • I don't remember *

10 Have there been other occasiens?
11 It mo,y iiave but I don't rem.embsr for -i: 11 o
12 Aj:e you telling me you just don't rcm.pv-n' 0 -
13 id* Jl don't ionou if there's been an̂ -mnore Ci i iO V/ *

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Q. U c uldn't you rem.ember if you shot at Goniw boc y  ̂ JU.3t

15 rerr.smber the incident ■i -f- c p T

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JX» I don't knov; if I T'70Uld or not.

So the host you can do is that there could have heen 
other occasions hut you just don't reneinber them.
A. That's v.-hat I stated a minute ago.
Q. VJhen you shot at this stolen car that eventual3.y 

vrreckcd driven hy a male hlacl:, did you arrive on the scene

right after the accident? ?Jere you right behind him 
A. YeSj sir.
Q. Was the driver injured in the accident?

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A. I don't thinic so,
Q. Were you participating in the arrest of this driver?
A. Yes, sir,
Q. Was he armed?
A. I don't thinh he vras.
Q. Was there anyoody else in the car besides the driver?
A. ITo, by himself,
Q. ITovr, how old was he if you remember?
A. I wouJLd say approximately twenty or in his early 
twenties.

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Q. Co you remember ever discharging your pistol to att-''mp- 
to stop a fleeing felon v;hc turned out to be a Juvenile?
A.
Q.
A.
Q.
A.
Q.

A.
Q.

No.
You don't thlnh you ever have?
Oh, vrait a minute, I have.
Tell ms about that.
VJhen Fred Berrj’’ was shot.
I mean other than Fred Berry.
I don't thinh so.
N ov7, the niglat that Fred Berry v;as shot you vrere driv­

ing what numbered car?
A. I don't remember.
Q. If I suggest to you Charlie l4, v/ould that be right?
A. Yes, sir.

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Q. I'n'iat were sene cf the advantages or disadvanta.-zes cf

A.

A.
Q.

A. Right.
Q. Were you taught to shoot to kill against people who weri 
fleeing if that was the only way to stop then?

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the shotgun?

A. It*s got a wider shot pattern. You have a better chance
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of hitting what you are shooting at for close range. |I
Q. I'Jhat vrould be the distance tiiat the shotgun would be |

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better at? i]
A. I thinle about 30 or 4o yards. 50 yards maybe. i

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Q. Those shotguns have open barrels? They don’t have anj” |

ild.nd of choke’ on thenj do they? ji
A. Wo. !

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Q. ’■■Jliere is the safety located on the shotgun? i

On the trigger guard. j
The type of safety you mash vrith your thumb in and cut? 

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Right. I
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Did you receive any training either at the Police |
Academy or after that that vihen you are using a firea-ra you. j
are supposed to shoot to kill or shoot to vround or shoot to ;
cripple? !

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A. We were taught to shoot to kill if you have to shoot.
Q. Fnen you pulled the trigger on that gun you shoot to 
kill?



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1 A. They told us euiytine you di-av; your ;veo.pon to slicot l i 

to shoot to hill. I

Q.
A.
Q.
A.

Q'
rarJc?

VJers you in service?
/

No.

Uhat is your ranlc novr in the Police Bepartnient'/
Sergeant.

Hhen you graduated iron the Police Acaden;'/ ■',;hat v.’as y c,x.-7

A. Patr clinan«
Q- Is -ohere any rank hetwesn Patrolnan and Sergeant? 
A. No.

Con you see .in this picture in the upper left iianc
corner enough to nahe an wnere you end your partner vrere 
standing when you fired those shots? !,
A. I tliihh it was somsvihere right in here. (indicating). 

Right in the middle of the pictvire by the fence?
It should be somewhere right about here I guess.
By the fence?

MR. SHEA: You are saying somewhere. You are not
sure^ are you. Sergeant?

THE WITNESS: No. It‘s in this area. I couldn’t
tell you exactly vrhere it was.
(By Mr. Allison) VJherc Fred Lee Berry and this other 

boy came down in vhe ditch v/as approsiimaoely I50 feet in ■̂ ron'̂

ISOJ

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1

IN THE UITITED STATES DISTRICT CCTJP.T 
FOR THE IHiSTERIT DISTRICT OF TEIHrESSES 

TiffiSTERI'f Dr/ISICN

FxARTHA NILEY, ETC., )\
Plaintiff, )

VS. )
)MEilPHIS POLICE depart:SNT, )

CIVIL ACTION NO. C-73-3

)Defendant, )

The rdscoverj’- Deposition of R. D. ROLE SCR, tcl'.on 
on behalf of the Plaintiff, pursuant to consent, on this, 
tho 7th day of Februo,ry, 197̂ 4, beginning at approxlmtely 
3:00 o'clock p. lu., in the offices of the City Attorney,
125 North liain, Meiriphis, Tennessee,

This deposition is taken pursuant to the terms 
and provisions of the Federal Rules of Civil Procedure.

All forms and formalities are waived, including 
the signature of the witness, end objections alone as to 
matters of incorapetency, irrelevancy, and immateriality of 
the testimony, are v/aived, to be presented and disposed of 
at or before the hearing.

COURT REPORTERS

SUITZ 410. FIRST AMIRICAN BANK BLC/G. 
MEMPHIS. TENNESSEE 3S10S

1 o  n. •

TCLE.’*HONS S26-IS3a OR 82S.123S



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1 R. D. RCL5SCX»
the witnessj beiTxg first duly sworn,, v;as axarained and 
testified as follox̂ s:

DIRECT EXAi-miATION
BY MR, ALLISCII:
V7ould you state your name,, please, sir?
R. D. Eoleson.
VJhere do you live, Mr. Roleson?
1033 C-aiT.
Gar3'-?
Right.
Hovj- long h-ave you lived ir-i Meorphio?
Oh, I g’aess about I5 or I6 years, ever since I wa

Q.
A.
Q.
A.
Q.
A.
0.
A.
the tiaird grade. I was born here in Memphis.
Q.
A.
Q.
A-
Q.

?v O uSl

Did you attexid high school here in Memphis?
Yes, sir.
IThere did you go to high school?
Kingsbury.
Before you .joined the police force did you work anyj'fherc 

here in Meciphis?
A. Yes, sir.
Q. vvhere did you ’work?

i IA. I v.’orked at RCA.
Q. Did you work any place else?

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A. Holiday Inns.
Q. l-rnat did you do for RCA and Holiday Inns?
A. At Holiday Lnns I was Assistant ImiuSeper. At RCA I 
loaded freight.
Q. Are those the only two Jobs you held after getting cut 
of high school before joining the police force?
A. I v;as in the Marins Reserve.
Q. Here you ever on active duty in the Marine Corps?
A. Siw months, eighteen days.
Q. You vrent to boot CE.rrp where?
A. Paris Island.
Q. i'lnd then v;here vrere you stationed?
A. Jackscnvillo, Florida.
Q. VThat type of unit were you in in the Marine Corps?
A. Aviation.
Q. V/lien were '̂•ou accepted to start the Police Academy and 
join the police force?
A. In January of *70.
Q. Did I ask you how old you were?
A. No.
Q.' How old are you?
A. !3A';en. y-seven.
Q. Ifnen you v;ent through the Police Academy what type of
instructions did they give you generally?

1 Q ■'
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Q.
A.

Q-
A.

A.

A.
Q,

important. That's all ri^ht,
T'7h,at did yon hear Richards yell?

A. He v;as yellins, ‘'Ha.lt,"
Did you hear Cox yellins?
I can’t remember. All I could hear was J. K.’s voice. 
IThat?
/ill I could hear uas Richards’ voice.
You heard him yellingj "Halt”?
Yes^ sir.
Heu many times? Did he yell it more thaci once?
‘T̂,;o or three times.
Hov.r do you icnou where he was w'hen he was yellins h.alt? 

At that time did you luicrw where he was?
A. Ho^ sir.
Q. Did you eveatually as you continued on east, come upon 
him?
A- Yes.
Q. Ifnere was he then?
A. He was standing at the fence over the drainage ditch.
Q. Had he already fired the shots or had shots already
been fired?
A. Y'es, sir.
Q. Nov; were you running?
A. Yes, sir.

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£X. y72>

IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OP TENNESSEE 

WESTERN DIVISION

MARTHA WILEY, ETC.,

Plaintiff,
VS.

ME.IPHIS POLICE DEPARTMENT, 

Defendant,

)
)
) CIVIL ACTION NO. C-73-8 
)
)
)
}

The Discovery Deposition of MICHAEL JAMES 
CALLIHAM taken on behalf of the Plaintiff, pursuant to 
consent, on this, the 7'th day of February, . 1974, 

beginning at approximately 10 :3 0 o'clock a. m., in the 
offices of the City Attorney, 125 North Main, Men^jhis, 
Tennessee,

This deposition is taken pursuant to the terms 
and provisions of the Federal Rules of Civil Procedure.

All forms and formalities are waived, including 
the signature of the witness, and objections alone as to 

matters of incon^jetency, irrelevancy, and Immateriality of 

the testimony, are waived, to be presented and disposed of 
at or before the hearing.

1813
COURT RKRORTCRS

•umr 410. rtNrr AMERICAN bank bldo.
MCMRHIB. TENNEBECE 3B103 

TEURHONE 8E«.ta32 OR SE«.ia3B

C.



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1 MTCTATX JAMSS CALLIHAM,
the witness, being first duly sworn, was examined and ,

testified as follows:
DIRECT EXAMINATION 

BY MR. CALDVJELL:
Q. Would you state your name, please?

A. Michael James Calllham.

Q. Is that C-a-l-l-i-h-a-n?

A. M as in Mary.
Q. What is your present position with the Memphis Police

Department?
A. I am a patrolman.
Q. Are you a native of Menphis?
A. No, sir. I was b o m  in Fulton, Kentucky and attended

high school there.
Q. Did you attend Carr Elementary School and Pulton High 

School in Pulton, Kentucky?

A. Yes, sir.
Q. You graduated in I96I from high school?

A. Yes, sir.
0, What did you do after you graduated from high school? 

A. I came to Memphis State University.

Q. How long did you attend Memphis State?

A. I attended three years. 181, ■'OiKK,'}:.'* ** X..



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-26-

•vrtien the call came out.

Q. "Which is about how far?

A. About a mile I guess.
Q. Tell me what happened from that point on, from the 

time you received the call.
A, Well, the came out. We put ourselves on the

call.
Q. What does that mean?
A- dispatcher came out -- he came out with prowlers

on the Inside of the boat shop at such and such address.

We said —  I believe we were in Car l6. ”This is l6. Show 

us on that call,” and I gave our location. We were the 

first car to arrive and pulled up to the front.
My partner got out. He was riding and I was driving.

He got out and went to the right side toward theisar and I 
went to the front.
Q. Who was your partner?
A. H. D. Roleson, Patrolman H. D. Roleson.
Q. You say he went to the right side and you went to 

the rear?
A. Ho, sir. He went to the right side. There*s a 

little —  it loolcs llhe a separation between two buildings 

there and he went toward that to go to the rear. I went 

to the front. 181 j-



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Q. Were you driving or was he drivlns?

A. I was driving.

Q. So he had the shotgun?

A. I don*t Imow whether he got it out or not to tell 

you the truth. So, I went to the front and saw that the 

glass in the front door was knoched out. I looked in and 

I could see three hlack males at the drink machine. I ran 

back to the car and told the dispatcher that we had three 

black males inside.
Q. Were they working on the drink machine trying to 

break into Iti
A. Yes. So, I went back to the front and on my way 

back to the front another car with Patrolmen Cox and 

Richards was Just pulling off of Bellevue. I was running 

back to the front door and I told them to go to the back. 

Then I went to the front and hollered at the boys to come 

on out. They looked up and saw me and took off every 

direction.
Q. Inside the building?
A. Yes. I tried to follow them but they disappeared in

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there and that's the last I saw of them except the one

who —  a dog car was called. He went in and found him

hiding in the southeast co m e r  of the building.
does that have two patrolmen in it?

ISlo
A dog car.

 ̂r * I .. -.fe



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IIT THE UHITSD STATES DISTE.IGT COURT 
FOR THE '.ASTERN DISTRICT OP TEIHî SSEI 

WESTERN Dr/ISIOW

MARTHA WILEYj et al^ 
Plaintiff^

V3 .

Cr\TLL AGTIOU 
NO. c-73-8

I-IEMPHIS POLICE DEP.ARTMENTj ) 
Defendant. )

The discovery deposition or MAYOR WYETH CHAI'TDLER̂  

taken on this, the l6th day of January, 1975. cn behalf of 
the plaintiff, pursuant to notice, at the office of the 
witness, 125 North Main, City Hall, Memphis, Teruiessee, and 
pursuant to the Federal Rules of Civil Procedure.

All forms and formalities are waived, and 
objections alone as to matters of incompetency, irrelev-ncj 
and immateriality of the testimony are reserved, to be 
presented and disposed of at or before the hearing.

The signature of the witness is waived.

181V 000505



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IvIAYOR WYETH CHAWDLSH;,
having first been, duly sworn, was examined and testified as 

follows:
DIRECT SXAMIHATIOH 
BY CALDWELL:

Q, Mayor, we are not going to take up much of your
time. You are Wyeth Chandler, Mayor of Mem̂ phis, is that
correct;
A.
Q.
A-.
Q.

That*s correct.
How long have you been Mayor?
Since January the 1st, 1972.
So you were elected in November of ‘71j is that

correct?
A. That's correct.
Q. Prior to becoming Mayor, being elected to Mayor,
you' were a City Councilman, is that correct?
A. I was a City Councilman and a practicing attorney.
Q. How long had you been a member of the City Council?
A.' Pour years. ,
Q. Elected in ‘68 or took office in '68?
A. Right, took office in ' 6 8 ^  ■
Q. And your term as Mayor began on January the 1st,
is that correct?
A. That's correct.

1 p ̂. O o OOOoOii-i;-



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0.- Prior to becorning Mayorj had you, as a City
Councilman, had any influence or been active in any way in 
connection with the policy of fire arms use that were 
adopted or had been utilized by the Memphis Police Departmen 
A. No.

Did the City Council ever get involved in any v;ay
in that?

A- I don't recall any time that they ever got
involved in it.

Q* After becoming Mayor did you in any way get
involved in it? .

A- I got involved about a month after.I was in office
and ax ter this occurred. I recall I brought out some 
statement about the fire arms, you Icnow, that —  I wish I 
had that statement, I have been trying to locate it, but it 
was certainly not before the date, as I understand, early 
in January, certainly not within a month. It may have been 
two months after I took office.

When, you said after this, you mean after this 
event that led to this particular case?
A. Right.

^ didn't, understand about the statement, where did 
it come from?

A* We had a situation, I have forgotten, seems like
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1 after about two sionths, as you recall^ we had a rr̂ iber of 
such incidents.
Q. Three or four during a certain period of tine.

During a short period of time I think there were 
four shootings^ three resulting in deaths and one just a 
wounding, and as a result of that, arid because I was called 
out to the meeting with the NAACP people and other leaders 
in the city, seems like we formulated some kind of statemern 

that made national headlines. I know they came in here 
from Atlanta to tape it on CBS. I can't recall exactly what 
the statement was about, it's been so., long ago, I would

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like to know what it was.
Q. It was a statement issued by you or by your
administration?
A. 3y me. Of course, I think at that time I was
Director,of, so to speak, of police, since we had no 
director. Chief Price was Chief of Police. We had no 
director because we had not appointed somebody to that 
position.
Q, That position had been open since in the middle
of the previous administration, is that correct?

Well, not the middle, but I would say ohe last 
three or four months, Holloman resigned seme time, seems 
like in the fall of '71, and there was no need, of course,

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A. I was serving as that in January because we had
no other, and any office that was not filled would be icy 
responsibility ’until it was filled. In essence, in January 
of 1972 I was the director of the Police Department and 
served as such until Hubbard came in.
Q. Do you recall when that is roughly?

Ttry WIIiTESS: krt^ do you remember when —
several months later?

IIP.. SHEA: We are taking his deposition at

A.
11:00.
(Continuing) Perhaps as late as June or July,

something like that.
MR. SHEA: I was thinking in the summer.

A. (c6ntinuing) It may have been as long as a year
It seems like, I can't remember, I wish I had gotten all 
of this information.
Q. Anyway, you were —
A. . I was the Mayor.
Q. You were, in effect. Director of Police?
A. That's- right, in January of 1972.
Q. When you took office did you do anything to t.ry
to ascertain what Police Department policies were?
A. Well, frankly, not right away. I really left
that up to Chief Price primarily. I knev/, of course, I

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have been on the Council, I have ridden with police, I 
have talked to police, I have been a lawyer here for l8 
years. I knew generally what their policies were, and I 
made no move to change one way or the other.
Q, All right. You were aware, for example, that the
policy that the department had had for a number of years was 
that, with respect to what is properly called the fleeing 
felons, I'm assuming they are alleged felons at that point, 
fleeing felons. . .
A. That's right, fleeing felons, I knew that policy
and did nothing to change it. ■
Q. Describe the policy as you understand it?
A. Well, basically as I understand it, if you have a
fleeing felon and you ascertain that you can't stop him by 
Just grabbing him, and, ,.you know. Just whatever method thac 
you try to first get him any way you can without resulting 
to any type of firearm activities, but if you can't and he 
is going to escape, that you use whatever force is necessar^^ 
to apprehend him or to stop him. That is my, that is 
basically, it was my belief then as my belief now.
Q. . That policy, as it was being implemented, and as 
it is implemented, makes no distinction between persons 
who might have been- ,1’veniles as cooosed to aculss'.''
A. Well, I would -chink that if they were known so be

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posed a threat to the police officer?
A. I think v/hether he’s armed^ I think any of then
pose a threat. Today's burglar that escapes is tonorrov/s 
burglar that cuts somebody's throaty that is my thought.
Just because a guy goes into a house, if he's willing, if 
he's a guy that would go into a house to burglarize it today 
and tomorrow he goes into another house, because you let 
him escape, well, you know I'm not going to apprehend him, 
next month dô vn. the line he's in somebody's house and a 
young lady walks in, the young lady of the house walks in 
and he cuts her throat, I don't go for that no matter what 
the situation is. I believe that felons, people that 
burglarize, and armed robbers, and people of that nature 
are such that you. have got to get them, you have got to 
apprehend them because, even though they may not have done 
X today, they are the type of people who will, eventually 
commit murder or mayhem or hurt somebody badly unless they 
are apprehended, I think that is basic common sense. I 
think they ought to be caught the best way we can catch them, 
if we can try to catch them by running them down or we knav 
who they are, can reasonably be anticipated to get them, 
that is one thing. If we know this is John Henry Smith 
who is a cat burglar and we know he hangs around Bill's 3ai 
all the time and he's so forth and'so on, that is one thing.

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1 But if in. the policeman’s judgement, he doesn't knew who enu^ 
guy isj he knows he's a felon and he's escaping and gives 
him every chance to stop, but he sees tnat he is g,oi.ng uo 
get a7:ay, then he can use whatever force is necessary to 
bring him to bay as far as I'm- concerned.
Q. Which includes killing him?

If it is necessary, I mean, you've got to shoot 
■ him to try and stop and if you kil^ nim ununtent^ona.i.1^, 
well, thac is that.
Q. There is not any policy of shooting to wound?
A. Well, there can.'t be.
Q. Or cripple?
A. That is FBI, you know,that is stuff you -hear
about on television. When you shoot you shoot, and nobody 
in our police department that I know of could, pick a 
running person off and say I will get nim in the lei o .<nee. 
You shoot and you try to stop them. You maybe try to shoot 
low, you know, if that kills him, you know, that is what 

happens.
Q, As I understood at one time when firearms
policies were, the subject of controversy, I don't recall 
whether it was you or whether it was the chie^ or v/ho, 
made the statement' that vrhen a poliio officer discharges 
his firearm, he should be shooting to kxll, af it is a

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1 looiced into it̂  all I sncvr “hat as I checlced the lavr and 
the law said^ you knov/j the fleeing felon situation is s~ii- 
in being, unchanged by the legislature, and, therefore, the- 
had not violated what I considered the state law to oe, 
we'then did some things vrith a policy that made our policy 
perhaps a little lighter than the state law. For example, 
we had a situation that grew out of some-.deal where we had 
a stolen car situation in which a child ran out of a srouen 
car and I think the child ended up mentally off or something 
I don't know what, gotten in a car with some other people 
and they bailed out and left him holding the oag and ne ran 

and so forth.

Q.
A.
Q.
time?'

And was shot.
And was shot.
This is about the same, along the same period o-

Along the same time, and the question there was, 
was that a proper use where we had a stolen car which was
a felony, and under the law —

MR. SHEA: Excuse me, is there a lawsuit
pending on that partic^ular incident, is that one 
of your other lawsuits?

’IR. CALD'.'/ZLL: Of course, I haven'" done
any discovery in the other lawsuit. That sounds

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lilce that is —
MR. SHEA: I would rather n.ot get into that.

I object to any question abouT: a situation that 
might be involved in another lawsuit. ,

Q. (3y Mr. Caldwell) He was just using that as an

examplej a change in policy.
A. I'm not saying that they did wrong because we
defended the police in that matter^ but I'm saying that, you 
know, you can have laws that are stringent and then you can 
have a kind of be sure that you don't you don't have to 
go to the end of the laws in all cases, even thougn you may 
be legal, maybe you are doing raght, I think thao is v;hat 
brought on, maybe the policy statement that was made in 

some regard.
Q, Now, you indicated that this order, this car case
resulted in a change of policy or modification in policy.

not sure, I would like to see that thing, a'm
sure that I have got it around here.

At your convenience after the deposition ii you

could find it —
MR. SHEA: I will read it and if it looks

like something that, as you know, we have got a 
r"'s~isd. conference on the 2—th, chae n  you ''.'an- 
to go into it at that' time before Judge wellford

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1 that is fine.
MR. CALDV7ELL: I'n net sure what your —
MR. SHEA: The policy that the Mayor is

talking about after January the 8th;, 1972j if 
that has any relevancy at all we can discuss it 
with the Judge and let him rule as to whether it 
will be competent.

MR. CALD̂ CELL: You will object to furnishing

it?
MR. SHEA: Yes.
MR. CALDViELL: But you will try to locate it?
MR, SHEA: Oh, yes, there is no question

about it.
THE WITNESS: I'm sure we can lo-cate it

because it was printed and put inthe paper and 
everything else, it was a big deal in uhe paper, 
you can read it in the paper, it is printed rignu 
there in the Commercial Appeal, front page, wasn'^ 
any big deal, let's use some, common sense, boys, 
and even though you are within the law let's just 
not go berserk. I remember this case, it seems 
like this is the first of the cases, as I say.
;herc were four, and three of them/ I > ̂  r*

aualms about them frankly, this is one of them
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1 that I had no qualms about. I felt that our
2 people had acted within reason. I had got the
3 facts, I had the files brought into me and I
4 investigated them and this was within my understar
5 of the state policy and of the police policy in
6 this case, even though I had not promulgated or
7 started it, it was part of the’policy and followed
8 the state law, that they tried to apprehend the
9 man, that they warned him and then they shot him
XO because they couldn't apprehend or felt they
XX couldn't without using firearms, and I still feel
X2 that way about it, I feel that way about it today
13 and probably will always.
X4 Q. (By Mr. Caldwell) Is it a fair statement that
15 the police department historically has not had and does not
16 have the same confidence in the blach community or the same
17 respect in the blade community as it does in the whate
18 community? . .  ̂ ■
19 A. Is. that the same —
20 Q. Whether valid or not?
21 A . That' s right.
22 Q. Or regardless of the validity of that perception?
?3 i 'T’-3 blach community, soê -rting renrra-Lly and an ?.

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24 broad sense, perceives che police deparcmenc as imvi^ ̂

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1 consistar.tly brutalizad then, almost their enemy instead c: 
their friend. I thirJc vre have gone a..long ways to alleviaoe 
that. As a natter of fact, we have about 250 black 
preachers dox'm here the other day pledging to support the 
police in every way .just the other night do’:*m. here. We 
tried our best to alleviate that. I think we have.
Obviously it has got a long way to sinner down to the 
bottom. There is a feeling in the black community tha~ 
we not, are not their enemy I think among the leadership.
We..get statements from Mascine Smith who meets with the 
police department over a long period of time, and Rev.
Kyle who makes statements at these meetings, understanding 
and we buy it, and then they go on television and they 
say something else, but I still say to you that the black 
community, the leadership of the black community has come 
a long way to feel that the police are doing their best 
to do their job and they are not antiblack. Obviously 
about the recruitment programs, by having black captains, 
people in the hierarchy that are black, the feeling is 
somewhat char.ged. But, now, you are talking about in 1972, 
what you say is absolutely true and I would say almost 
across the board. -

black faces in ohe hierarchy in the Police Department?

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1 out and stashing it ne:it zo the tree —
2 MR. SKRA: w“nich included shotguns.
3 Q. (By Mr. Caldwell) Yeah_, I said which included a
4 couple of shotguns.
5 A. Yeah.
8 Q. You indicated that you thought things about
7 changing in terns of the perception of the black connunityj
8 this vrculd be the police department?
9 A. I think so.
10 Q. That was in part because of a lot of community
11 efforts?
12 A. A number of things,, community relations —
13 Q. Black employment and promotions?
14 A. Promotionsj the black semsice centers that have
15 been established have had some impact^ you got blacks being
16 coached by white policemen in football Teagues and boxing
17 leagues and there are just generally,, you know, just a
18 different treatment instea d of the,, "hey, boy, come, over
19 here.” You know^ it is, "sir, step over here a minute,
20 I want to talk to you.” Just, little things that have added
21 up and it gets around, but I don’t believe in my judgment
22 that that has nothing really to do wtLth what we are talking 

about,. I chink that that ic true, and I lorn t think tkac
^  maybe a l6' year old will say, if we are talking about l6

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year olds maybe less inclined to run away from a policeman.
A felon who has got prison staring him in the face, whether 
he's white or black, is going to run. The question is, does 
he think that he's going to make it or not, I don't believe 
this guy was sitting there thinking If I'm caught I'm going 
to be brutalized, I don't believe that. I believe if I'm 
caught, I'm going to jail, I think going to jail is a lot 
worse than being beat up, for example.
Q. Sometimes for kids their parents finding ouo is
going to be worse?
A. Back in the old days that is true, but nowadays
the parents are in suing somebody. When they spank them az 
school they have got to file a lawsuit. Obviously that is 
not a deterent.- I think it is just a matter of whether you, 
as a criminal, figure you are going to get away or not. If 
a guy says' stop, I think anybody that, white or black, 
knows that the next step is to shoot you, I think tha~ xs 
the warning that they hear and they know that, and I think 
they ought to stop and come back. Now, as I say, maybe I 
would be afraid if I was a black youngster that I would be 
beat up or something, I don't know, but that wouldn't be 
going through my mind. What would be going .tnrough my mind 
would be whezher I was going to be puz in jail ani _ go . 
to try and get away, and I just say if you have goz a lelon,

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1 he may have been in the Marine place stealing guns today. 
What was he going to do with those g'ans, you know_, you let 
him get away^ tomorrow he's in another place stealing guns 
and maybe the next week he's in the 7-H blowing somebody's 
brains out. I'm just a strong man on feeling that a felon 
is a felon and if you commit a burglary you will step up 
gradually to something else. And if we let everybody go 
that robs a 7-11 today and just says, well, we shouldn't 
shoot him or try to apprehend him, we are endangering the 
lives, in fact, I just read the other day this fellow Harris 
was jumped behind the counter. I don't know the facts of 
it, but I know the man that he was supposed to have 
apprehended, two hours later shot somebody to death, that 
is the way it goes. I think that'bhe policy is good, maybe 
there ought to be char.ges in certain elements of it, if you 
know this or know that or know that the guy is not armed 
and he's 12 years old, common sense would dictate and you 
would use every possible way to get him without shooting 
him. If you don't know what those things are, what his 
condition is or whether he's armed or what he's doing or 
what his background is, I say use a firearm if you have to 
to apprehend, whatever force is necessary, as a last resort

orearms

Q. Do you think the policy act
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A. That is the purpose. -Let me say thrs^ I thurh-ĉ
for example, we have had a policy around here from time to 
time, perhaps it's given too much publicity and results in 
too little effectiveness of the stahe-outs of where you put 
people armed in the buildings.
Q. Still watches?
A. Still watches, I'm for that. The trouble is that
the oeople that 7~1I who maybe complain tne most aocut
being held up all the time, and ash you and beg you for mor 
police protection^ O.K., we will put a stake-out, well, they 
say don't do that, they are afraid, especially if they are 
in a black neighborhood if a black comes in to rob them and 
you hit him with a double ought buckshot and cat him in 
half right there in the store, they are afraid that will 
end their trade with the community because then they say 
that you are in cahoots with the police, you set up old 
Henry, who may be a robber, but he's one of us, and they 
think in those terms. I, frankly, think,, yes, if you did 
in the matter of deterent, you can't let' a felon Just roam 
the streets, you have got to get him, you have got to put 
him in Jail because, as I say to you, the house burglar 
today who goes in there today, the ca.t burglar is not in
thore to fight anybody or rob anybody, bv-
confronted with the lady who returned early, the next thing

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you know he's cut her.throac. i think ci na's a lelon^
If he's willing to pull a gun to rob a ban!:, he's willing 
someday to shoot somebody when he takes off and runs out 
door and he's goi.ng to escape. And the policeman tharlcs 
he's going to escape, he's got to bring him to bay, he will' 
be back tomorrow perhaps doing the same thing to somebody 
else. It is a Judgment, you have got the safety of the 
citizens, get this man and apprehend him one way or another, 
hopefully without firearms, or let this man continue to run. 
Eventually he does kill somebody and Pney will, and tney 
do. You hardly ever catch a murderer that is his first time 
out on the street. Usually the guy that shoots somebody ac 
the 7-11, this is not his first go around, but finally one 
day somebody reached for the gun and he kills them, but ne's 
already robbed two people and got away. I think if you need 
firearms to apprehend on the first go around or third beiore 
he gets to that point, then you use them, that applies to 
all felons. As I say, I think the one thirig we did move intp. 
this thing, you will see, is the car thief, that Just the 
car thief alone not connected to anything else, but Just the

i

car thief, you run him down, you geo in the car and he Ĵ 'amps 
out of the car and runs, you can't connect him to burglaries 
oi* robbsi’ies, he's nothing but a car thief, v/hich is a felo: 
Just never strikes me like a burglar or robber,, a murderer.

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a rapiatj or st csoera, you .̂.o.i, a- a(-cj=-
... -• - r-'’- n-'̂-r rav^so^al ooi-nior.. u tlaariicategory wata me^ ocar c-- y— “

it is in that area that I found sone reason,to relax it, 
that is because,, you hnov;, so nany .-cido jCy i-u^ _ -at._ 
see then put in the sane category with the burglar and 
robber and rapist and murderer,- that type of guy, but thar 
is Just my o ^  personal opiruLon. I thanh uhat ne s T 

don't thirJL there has been anybody shot as a result of jus" 
a mere car thief, you hnow. Just.that alone. I don't know 
what the situatton woulci.be if he got up to a high speed 
and was' running anuck, down the street and driving people 
off the road 'and it. was a matter of shooting him or having 
him. crash head-on into some innocent folks, that would maybe 

, be a different story,'but Just-the car thief alone, pulL nim: 
off to the.side, he runs, that has never really sent me into 
feeling that maybe he's the same type of guy that maybe - 
should be treated the same as the others, that didn't come 
up with me, and I think legally it could have auj. d’urrr^ 
this early time. I think it, actually occurred I relaioed 
that somewhat or expressed my opinion that it should ce

relaxed.

Q. The policy at that time, would have allowed, you to

s 'no o t err.b e r z 1 e r s
A man fleeing across a state zzne. think i’

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1 would allow, I don’t thiril that has been considered, I dori'c
2 think the embezzlers have ever been considered the felons
3 of the type that you bring down, you knov;, on the streets.
4 To be honest with you, you know, I don't thirl: —  I thirl:
5 we are talking about crimes of potential violence or
6 danger to property or persons directly, bank robbers dov/n
7 to, you know, people running amuck. I agree it may be a
8 felony to steal a car that you don't own, but I never put
9 them in the same category because they haven't, there is
10 no danger to life or limb inthat. There is danger to life
11 or limb in burglary because of the element of the possibilit
12 we have had them all over, and you know, there is no
13 question about it, you know we have had many, many burglars
14 surprised, how many murders were a result of the burglars
15 being caught we don't know. We found a body in a house the
16 other night, we had a man 70 or 82 years old or something
17 apparently killed as a result of the burglary, whether the
18 guy went in there and hoped that he could do it while the
19 guy was asleep and get away and the guy roused up and he
20 clobbered him with a board, I don't know, but burguars are
21 potentially very dangerous persons, as are robbers and
22 rapists.
22 !| Q. You makiiig a. cc::ncc:icn —
24 MR. SHEA: Are we testifying, is this a

183 o 000524

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1 is not as detrisiental tn society as the burglarj scbber and
2 so forthj that is v;hat I'm saying.
3 Q. Yes. SOj from.your point of viewj as you supported
4 the policy^ the purpose^ it is the prevention of future
5 crimes that might be v/orse than third degree burglary?
6 A. Apprehension of any man who commits a felony
7 because that kind of man should be brought to the bar of
8 justice now and punished rather than allowing him to continu
9 on his merry way that something can happen which could be
10 much worse.
11 Q. Have you done anything, or has the police departmeni:
12 under your direction undertook any kind of studies to
13 ascertain, for example, the liklihood that a kid who
14 burglarizes a business establishment will mors likely end
15 up in more serious crimes as opposed to a kid who steals
IS a car, for example?
17 A- No, I haven't done any research on that. I just
18 feel that if a man who goes into a place not his own, that
19 is a home or a building, especially at night, it- isn't a
20 matter of really whether he goes up to any other crime
21 except if he's caught in that place at that time. As I aay,
22 anybody who pulls a gun in a robbery is a potential murderer 

and ev'-nrually if he doss it enough will murder somebody in
^  my judgment. You don't need to have statistics on it, it

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Il̂r THE uHITED STATES DISTRICT COURT 
FOR IHE vrESTER̂ I DISTRICT OF TEIDTESSEE 

WESTERN DIVISION

ivLARTHA WILEY j et al, 
Plaintiffj

vs . )
)

MSvIFHIS POLICE DEPARLI-IENTj )
)Def er*dant. )

Cr/IL ACTIO]

NO. C-73-3

The discovery deposition of J. W. HU53ARD;, 

tahen on this, the l6th day of January^ 1975j or. behalf of 
the plaintiffpursuant to notice^ in the conference room 

of the Director of the Memphis Poli.ce Department^ 120 Adar.is 
Avenuej Memphis^ Tennessee,, and pursuant to the Federal 

Rules of Civil Procedure;..
All forms and formalities are waivedj ana 

objections alone as to matters of incomp'etency,, irrelevancy 

and immateriality of the testimony are reserved,, to be 

presented and disposed of at or before the hearing.
The signature of the witness is v/aived.

24

183J Q Q 0 o 2 G



1 J. W. HU33AP.D,
2 having first been duly sworn^ v;as examined and testified as
3 follows:
4 DIRECT EICAIGRATICN 

BY MR. ARROLD:
5
6 Q. Director Hubbard^ for the record^ state your name
7 and how long you have been in your current position, and
8 7/hat is it, please, sir?
9 A. It is J. W. Hubbard, Director of Police, City of
10 Memphis, since 1 December, '72.
11 Q. We specifically wish to talk to you concerning
12 the deadly force policy now in effect with the police
13 department, the most current policy that has been formulated.
14 Did you formulate that policy?
15 A. Wo, exclusively, no. The police policy has been
16 sort of evolutionary, I would say. I was briefed on our
17 policy when I firsx Joined the department. From my limited
18 experience with the police problem I felt that it had good
19 safeguards in it. It is a matter of whether or not it was
20 practiced more than the instructions themselves. Our legal
21 advisor, Mr. Krelstein, raised the question he felt that thei
22 were some areas that weren't clear enough in it, and he
23 proposed a draft revision. We had some consultation and I
24 couldn't recite exactly what all it amounted to except it was

183j - 4 - 000527



1 Q. (3y Mr. Arr.cl-i) I v/lll be happy to ory and start

2 over. Director Hubbard, you have got poLico connunity
3 relations centers?
4 A. Yes.
5 Q. ■ Are most of these intended to be located in black
6 communities?
7 A. These are situated, and this was done before I
8 arrived, and I found nothing to quarrel wioh in ohe way of

9 their location, but they are situated according to the
10 area of apparent need. Now, the need that was perceived
11 when the so-called store front police service center system
12 was adopted here, was in emulating what had been done
13 elsewhere and was found to have some amount of success in
14 ■ trying to soften the image of the police, in the neighborhoc
15 where policing had to be the hardest because that is where
IS most of the vandaJ-ism is,-because "that is where most of the
17 felons seem to reside and where a great number of the
13 felonies occurred, and, therefore, the police were not
19 welcome. And the intent there was, it is hoped, that by «
20 seeing the police as humans, see that they have interests
21 beyond Just enforcing this law or that ordinance or whatever
22 finding out that they do have a heart, and that they do want
23 to helc the . neigb.borhood understand th.e department a;id

24 the department's needs, that this might keep some indeterm;

as

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If the absence of the threat of deadly force^ given the 
same community of crime prone incividuals^ v;ould just take 
one mors restrainment off of their actxvityj so in that 
sense I would say that the threat of deadly force^ the 
knov/ledgs in this city that under certain specific 
circumstances officers will draw their weapon and fire it,
I feel has to be regarded as some kind of detersnt to seriou 

crime.
Q. If the deadly force policy of this department
were a self defense policy alone, that Includes defense of 
others, in self defense or in defense of another person, 
what do you think would be the effect of that in terms of 
crime in Memphis.

MR. SHEA: I'm going to object. Really, I
think we are moralizing or dealing, getting 
certainly far afield from discovery. The general 
has stated his reasons for the firearms policy.
I think,' r just think that we are just trying 
to elaborate too much.

Q. (3y Mr. Arnold) The general has a very strong
feeling on this, on that particular question. did not
adopt such a policy. You know, I can rephrase it and say
vj hy d i dn 0 y c u adopt
some more, some less restrictive —

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MR. SI-ELA.: I thinic that >;culd be ncre in
keeping witii discovery,

Q,. (By Mr. Arnold) Wny did you not adopt a policy
of self defense or defense of others of deadly force on the 
part of an officer?
A. Because you would thereby offer the full option ■
of escape, too, and I feel that that v/ould give unwarranted 
advantage to serious —  to the coirmission of serious crines. 
Q. Serious being the ones that you have elaborated —
A. Serious —
Q. (Continuing) In the deadly force policy?
A. That's right, the ones primarily where you have
a victim. ’ ’ • '
Q. Did the deadly force policy include burglary,
could include burglary, I believe it does include burglary 
of a business. Tha-t doesn't seem to fall in that category 
to me?
A. It certainly does.
Q. Woxild you elaborate on that.
A. Sure, be glad to. You arrive at a burglary scene,
you know that a burglary has occurred or it has been 
reported or it is suspected, whatever, the police arrive at 
that soe-'.c, you see someone fleeing the scene, you ask teem 
to stop and they.don't comply. Now, right here^ if for

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1 that instant we could freeze everyone^ have thatj just stay 
Tp̂ ght where we are^ we are not goang to ijouch are
not going to do anything^ just freeze while we go in and 
inspect the premises and once we are sure there is no 
victim, that your only crime has been against property, then 
we will say, 0,K., continue rurning and we will try to get 
you some other way, but you can’t get that freeze to taxe 
dace, you have no idea what is in tha~ scene. Now, if we 
had a situation where you apprehended them inside the 
premises, you had them basically in custody and you satasfiec. 
yourself that it was only against property and not against 
any person,, and then in the process of their trying to, they 
caught an ungarded moment and took off, I would say that the 
use .of deadly force might be questionable there for a burgla:|- 
but you have first ascertained to your ov/n satisiaction that 
this is all that it was, nothing more.
Q. In that specific example that you gave, your
policy does or does not allow deadly force to apprehend the 
person?

Our officers can, would be peizaltted to use deadly 
force if that burglar took off and they had'no other way 
to capture them. I'm trying to —  I'm trying to think of 
an exanple. lazically under the policy they would be free, • 
if they chose to,, to fire and technically they would be

1852 -32- 000540



1 correct with, rescect to our policy,, but Z thiuk j. see ~r.e
2 point of the question, the seriousness of the offense ana
3 the primary thing to defend is against crimes against people
4 Property crimes are serious, but when you have a victxm you
5 are more intent on getting the person responsible and
6 bringing them to justice. So a burglary scene, you have no
7 idea whether you have a victim inside or not, whether it is
8 a business or a hom.e, whether xt is day or nxgnx.
g Q. Would you describe briefly the bulrexs .used oy the
10 officers now in the police department?
11 A. I think you would have to have our ordinance
12 people come in and they could tell you how many grains and
13 how many characteristics —
14 Q. All right. If I can be less specific than I might
15 need from those people at this time, there are basically
IS hollow point bullets, are they not?
17 A. Yes.
18 Q. Which have more stopping power than a solid nose
19 or brass shield or something, I have forgot some of the
20 terms, they have more stopping power and that is why they
21 are used, is that right?
22 A. They are used, the selection of both the caliber
23 of v/eacon and zlie type of weapon and o'i'.o ammunition has o:

I
24 do with two things; the first is the ability to use the

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IN THE UNITED STATES DISTRICT COURT 
FOR THE Î ÊSTE?D̂  DISTRICT OF TE:D1ESSE; 

WESTERIT Dr/ISION

MARTHA NILEY, et al̂  
Plaintiff,

vs.
Êl-IPHIS POLICE DEPARE^ENT, 

Defendant.

Cr/IL ACTION 
NO. C-73-3

The discovery deposition of BILL PRICE, taken 
on this, the l6th day of January, 1975j on behalf of the 
plaintiff, pursuant to notice, in the conference room of 
the Director of the Memphis Police Department, 12S Adams 
Avenue, Memphis, Tennessee, and pursuant to the Federal 
Rules of Civil Procedure.

All forms and formalities are waived, and 
objections alone as to matters of incompetency, irrelevancy 
and immateriality of the testimony are reserved, to be 
presented and disposed of at or before the hearing.

The signature of the witness is waived.

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-c—"T n-orr''?
having first been, duly sworn̂  was examined and testified as 
follows:
DIHECT SXAil'IIMTION 
3Y MR. CALDlfELL;

Q. For the record^ would you state your full name
and your former occupation is Chief of Police of Memphis?
A. 3ill Pricej I'm retired Chief of Police of the
Memphis Police Department.
Q. What date did you retire?
A. July the Istj 197^.
Q. And as I understand it you were appointed by
Mayor Chandler effective the first of January^ 1972, is that 
correct, as Chief of Police?
A. That's correct.
Q. And prior to that time you were an officer of the
Memphis Police Department, is that correct?
A. Yes, sir.
Q. ■ Could you briefly tell me how long you have been
with the Department and the various ranks that, you held?
A. I came on the department Auĝ ast the 22nd, 19^Ij
and I moved up to lieutenant in 1950* I ’'̂ .̂s made a

;t.?.ln in 1 9 ol, in,spectcr in 'c^, assistant chisf in 1.̂-

chief in '72, a total of a little over 33 years.
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were you primarily responsible for it?
A. Part of itj yes, sir.
Q. Well, that is —

MR. SI-ISA: '72.
Q. (By Mr. Caldwell) It is that one right there, and
I think it was adopted in February of '72, but that wouldn't 
have been long after you became chief, right after you were 
in charge you indicated that you did work on part of that.
If you want to take a second to review that.
A. Yes, I did part of it.
Q. Well, for example, we know from the other documents
and information that has been gathered in the case that some 
cities have policies which limited the use of deadly force 
to self defense situations or situations in which the life 
of another citizen, or the health and safety of another 
citizen is in jeopardy, and prohibit the use of deadly force 
for the sole purpose of stopping an escape, and obviously 
you rejected that narrow policy?
A. That's correct.
Q. Why did you reject it for Memphis, for example?
A. 'Well, you put a gun on a man, you train him, you
train him, you train him, you figure he knows when to shoot
and ’when not to shoot, ana ix you see a man
house and he's a burglar and you know he has no right, if ycu

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1 C—n't outriin tni-s n3.n or fores n m  oo step sons v/s.j y yoLi 
don't know if he's killed sonebody in that house or not^ and 
I think in my judgment the best thing to do is try oo seop 

this man.
Q. O.K., But that is a situation —
A. As a last resort, if there is no,other way.
Q. O.K. And that is even if you don't know, if i~
is obvious that the man is not armed or at least he's not 
wielding a weapon?
A. . It is hard to tell, of course, you can't see-, you
can't tell if he's armed or not running down a dark alley 

or not.
Q. There is a close situation under any policy and
you are'• going to have those borderline situations where 
somebody's judgment has to be exerdised and you can't really 
say it is unreasonable. There are also clear cut situations 
a guy coming at you with a gun pointed at you and that is 
a, clearly, a self defense situation.- ■ ■
A. That's correct.
Q. And other situations where it is equally clear tha
the guy is not armed, you know that he's not, or they are 
kids or whatever, you know, they are just all kind of varying 
sicuatiov:, out your policy io-esn't attempt, or the policy 
that is adopted doesn't really attempt to deal with that.

1857 -17- 000545



1 when they are ti'ying to shoot you or threatening h a m  to
2 someone else?
3 A. He's a grown man, he knows he's done wrong or
4 attempting to do wrong, I think there is a difference there.
5 1 think there is a difference, and I think that the public's
6 idea of why they have the policemen on the . street 'is to
7 stop this sort of thing, stop a man from committing a felony.
8 X don't say kill him, but it is hard to hit where you are
9 aiming, you have been rmuiing or he's been ruming, I don't

' 10 think there is a man in the world, or to my knowledge, on
11 this police department, that wants to kill another human
12 being. I went 33 years and never fired my gun in the line
13 of duty, and could have killed a dozen legally. . I never
14 fired my gun.
15 Q, But you also have officers, do you not, who appear
IS to be more trigger happy than others? There are differences
17 in human beings?
18 A. Yes, sir.
.19 Q. And do have those problems. During your time as
20 an officer in the department, do you know of anybody who was
21 disciplined or called down, or did you ever do it yourself,
22 somebody who you knov/ who had a pattern of either being
23 trigger happy or

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24 A. No, I don't :recall any officers while I was chief

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Ill TEE UI'TITEE STATES DISTRICT COURT 
FOR TEE I'nSTERIT DISTRICT C? TEIII'IESSSI 

l-TESTEluT DI'/ISION

MARTEA WILEYj et al. 
Plaintiff:,

vs. ) 
)

Y E 2 -1 P F IS  P O L I C E  D S P A R T ^ -S R T j  )

) 
)

C r/ IL  ACTION

NO. c-73-3

Defendant.

The discovez’y deposition of oiL/nii C-. RAY^ oal-cen 

on thisj the l6th day of lanuary^ 1975, on behalf of the 
olaintiffj pursuant to notice, in the conference room of 

the Director of the Memphis Police Department, 128 Adams 

A.venue,. Memphis, Tennessee, and pursuant to the Federal

Rules of Civil Procedure,.
All forms and formalities are waived, and 

objections alone as to matters of incompetency, irrelevancy 

and immateriality of the testimony are reser^/ed, to be 

presented and disposed of at or oeiore tne hearing.
The signature of the v^itness is waxved.

24 185d 000o47



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•T2V« O’ • RAY")
having first been iuiy sworn, was exainined and tes‘ 

follows:
DIRECT EXAMINATION 
BY ,MR. CALDWELL:

Q. Would you state and spell your name for the

record?

 ̂d. 3.S

A. O.X. It is Jewell, J-e-w-e-l-l> D. Ray, RP-9.-V .

you are presently an inspector wnth cne iaeiUwn— 

police Department, is that correct?
A. Right.
Q, And on January —  well, how long have you been
with the Memphis Police Department?
A. , I'm going on my 20th —  19 years some months.

I would have to count on my fingers for the months.
Q, Are you a native Memphian?
A. Since six years old.
Q, That's as close as you can get I guess.

A. I was born in Moscow 39 miles out here.
Q. A Memphis suburb?

A. Right.

Q.

Q-

Did you start out as a patrolman?
Started cut as a ratrolman.
And could you give me the daces of your increast^o

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F 6 br’-i3 .ry un'til sons 'cLms in -lĵ 'Oc .

Q. Did they investigate these kind of things at that:

time, or did they in ô’anuary of '72? I noticed a copy of 

those two letters went to Internal Security and Homccide? 
jY. No, Homocide did the investigation. Internal

Affairs monitored. Internal Affairs up until recently 

didn't have enough personnel to do that type of investigation, 

plus the complaints investigation, m e  ccmp^ainus .i-n-/as

is hea-'/y enough.
Chief Price said he made it 33 ysars without firing 

his pistol, I don't guess you have been that lucky, have you 

MR. DAILST: I don't know what relevance

that would have to this case. .1 object to it on 

those grounds.
MR. CALDWELL:' Your objection is noted. You 

can answer the question.

THE WITNESS: Can I? -
MR. DAILEY: Go ahead and answer it.

Ilhave fired my pistol, in nineteen and a half 

years, twice, and in both times it was self defense. Cnee, 

goodness gracious, in around 1957 3.i a ourglar wno pulled 

a shotgun on.me and was pointing a shotgun at me, I fired 

o "T bim and miss id ciim ai.d ne oiirC'.*/ dovci l*; i.“  ̂-

up his hands, and i was very chari-Ufui, ne cmer o:.w .vuj —

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1 1963 when I was a lieutenant we had a nan, a black man who 
had shot two peoplej pistol whipped a bunch of others^ killecL 
one and we had him trapped in a truck. As I approached the 
truck he fired one shot at me and I fired six at hicij 
striking him in the head and chesty and he lived^ thank 
goodness. I have no desire to kill anyonej and this is the 
only two times that I ever recall that I used my pistol in 
the line of duty.
Q. I'm sure you have had a lot of experiences with
the department and there are situations where you could 
have used it under the rules and regulations of which you 
were operating? - ■ "
A. Yes,
Q. Fleeing felons^ for example^ I assiime some people

.1

have ran from you and escaped?
A. Very few.- I use to pride myself, before I got
this gut, on being able to run them down. It was kind of a 
thing with me, when I run a ward, that I wouldn’t let him 
outrun me, and I have had a few, yes, but most of them I 
could, I know the secret.
Q. How to outrun them and how to head them off and
whatever?

That was your personal goal then to catch them or
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outrun then or catch then sene w .  7°̂  ̂diin'e resoro to you; 

pistol to stop then?
Only in self defense. ?Tov;, let ne put it tnis 7/a, 

to be oerfectly honest with you, at the tine I v/as a 
patrolman, had I had one that I thought had committed a 
violent crime and running from me and I didn't think that 
I could have caught him, I may have shot him because I had 
been trained, and the state law says I could do it, and I 
would have felt that I could have done it.

Based on your experience in law enforcement, how 
many of those kinds of people, a violent crime, you know,
I don't think there can be much quarrel with you on that, 
but how many fleeing burglars, for example, trying to roo 
a business establishment, or what have you, actually get awa- 
permanently if you don't catch them at the scene, how many
of them actuallTT never get caught?

MR. DAILEY: I don't understand your question
14R. SHEA: Now, have you qualified him to see

whether or not,- you are saying based on your 
experience as a police officer, whicn was as a 
ward car officer, a lieutenant, you are asking him 
if he has any expertise in the field of criminal 
-t-,a— i''̂  as 00 ''ov/ manv burm^ars, if ts.e.v" ai'e 
not apprehended at the time, if they geo away, on=

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1 IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TENNESSEE 

WESTERN DIVISION

MARTHA WILEY, ETC.,
Plaintiff,

versus
MEMPHIS POLICE DEPARTMENT

Defendant.

CIVIL ACTION 
NO. C-73-8

The deposition of BEN D. HALE was taken on 
this 28th day of January, 1975, upon notice, in the 
law offices of Ratner, Sugarmon and Lucas, Suite 525, 
Commerce Title Building, Memphis, Shelby County, 
Tennessee, pursuant to the Federal Rules of Civil Pro­
cedure .

All forms and formalities, including the 
signature of the witness, are waived.

Objections and exceptions alone as to competen­
cy, relevancy and materiality, are reserved, same to 
be presented and disposed of at or before the hearing.

186i



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BEN D. HALS
The said witness, being first duly sworn, 

testified as follows, to-wit:

DIRECT EXAMINATION 
BY MR. ARNOLD;
Q For the record, please state your name and
occupation?
A Ben D. Hale, Special Agent, Federal Bureau
of Investigation.
Q And how long have you been employed as Special
Agent?
A About thirteen and a half years.

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Q You have been a Special Agent for that entire
time?
A That is correct.
Q And did you have other posts in the FBI prior
to that?
A No.
Q So that I might understand, we had subpoenaed
Mr. Gunderson, who is the Agent in charge; is that 
correct?
A That's correct.
Q How do you relate to Mr. Gunderson in a chain
of command type of situation?

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A Well, he is my superior.
Q All right. Do you have other superiors here
in Memphis or not?
A Yes, I do.
Q Who are they?
A Well, the Assistant Agent in Charge is also
my superior.
Q And then you would come under him?
A We have field supervisors also who rank over
me.
Q Are they assigned to the Memphis Office?
A Yes.
Q
A

Do you supervise anyone yourself?
No.

Q How many special agents are there in the
Memphis office?
A Approximately thirty.
Q And approximately how many supervisory personn»̂ j.
of the type you previously mentioned?
A There would be four.
Q Have you ever had any responsibility in terms
of training Special Agents?
A Yes, I have.
Q What was that? , *: u-'. .V  V-

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Q

A As the Principal Firearms Instructor. 
Is that —
For the Memphis Division, of the FBI. 
All right. Is this training the other

thirty special agents or does that include a broader 
area than that?
A Well, it would include any agents assigned
to receive training, and within the Memphis division 
there would be more than, say, thirty agents in the 
24emphis division, but only approximately thirty, thirty- 
one or thirty-two assigned to headquarters.

My training responsibilities would encompass 
all the agents in the Memphis division.
Q Yes, sir. Approximately how many special
agents would be in the Memphis division?
A Oh, approximately sixty.
Q Does that cover a Tennessee area or a radius
of Memphis?
A It covers primarily West Tennessee, Middle
and West Tennessee.
Q Is the training you are talking about ongoing
training or is this initial training?
A No. It's a continuous training.
Q In this■capacity are you familiar with the

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firearms policies of the FBI?
A Yes, I am.
Q Do you have any responsibilities for teaching
of those policies or reminding agents of those 
policies?
A Yes. That would be brought up in the training.
Q In effect then, in the training period you
would do more than simply deal with marksmanship; is 
that a fair statement?
A Yes. Training is rather all-encompassing.
There are many areas that we touch on in our training 
not restricted to firearms. It may be other subject 
matter.
Q What are those areas?
A Well, one would be defensive tactics, another
might be techniques and mechanics of arrests, crime 
scene searches.
Q And you would be responsible for the training
in this area from time to time?
A Well, partially. There would be others in­
volved in the training but I am one of them.
Q How often does this ongoing training take
place?
A Well, it depends on the type of training you

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1 are talking about. V7e have periodic training year 
round. Certain phases of the training occur more often 
than other phases do.

It depends on what you are talking about.
Q ;ihere is all the initial training conducted?
A At the FBI Academy at Quantico, Virginia.
Q Have you ever had any training responsibilities;
there?
A IIo.
Q Specifically, and I believe you have brought
with you a document or information bulletin entitled, 
"Ninety-nine Facts About The FBI"?
A That's correct.
Q Could you identify for me from this bulletin
where a statement concerning the use of deadly force 
is found?
A On page 16 of the pamphlet under Question
No, 58, the question states, "What is the policy of the 
FBI concerning the use of firearms?" And the statement 
of policy states that, "An FBI Agent is trained to use 
firearms only in self-defense or to safeguard the lives 
of other persons."

MR. ARNOLD: We would like to make
this booklet an exhibit to your deposition

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Q What cUaout some -- is the ten most wemted
list, is that a television program or is that an 
actuality?
A That is an actuality.

MR. MCTIGHE: You see it in the 
Post'Office, Mr. Arnold.

MR. AR2IOLD: Right. I have seen 
some of the signs there, Mr. MCTighe, 
of them.

BY MR. ARNOLD;
Q If you know someone is on the ten most wanted
list, can you shoot that person and kill them just to 
catch them? Is that within the policy?
A You mean do we'have a wanted dead or alive
policy?
Q Yes.
A No. We havenVt gone back to those days yet.
Q So, even in that situation, there would have
to be the reasonable belief, that force would be used 
against you or someone else to discharge your firearm 
abainst those persons too?
A That's correct.

MR. ARNOLD: That is all I have, Mr.
Shea and Mr. McTighe.

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1 IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF TENNESSEE 

WESTERN DIVISION

MARTHA WILEY, )
Plaintiff, )

versus )
MEMPHIS POLICE DEPART14ENT, ST AL,}

Defendants. )

CIVIL ACTION 
NO. C-73-8

The deposition of DON T, KRAG was taken on 
this 31st day of March, 1975, by agreement of counsel, 
at the residence of the witness, 1311 Ferguson Road, 
Memphis, Shelby County, Tennessee, pursuant to the 
Federal Rules of Civil Procedure, on behalf of the 
defendants.

All forms and formalities, including the 
signature of the witness, are waived.

Objections and exceptions alone as to 
competency, relevancy and materiality are reserved, 
same to be presented and disposed of at or before the 
hearing.

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DON T. KRAG
The said witness, being first duly sworn, 

testified as follows, to-wit:

DIRECT EXAMINATION 
3Y MR. SHEA:______
Q Please state your name?
A Don T. Krag.
Q Where do you live, Mr. Krag?
A 1311 Ferguson.
Q And how old are you, sir?
A I am 65 now.
Q What is your occupation?
A Public Contracting, own and operate the
Edgewood Mobile Homes. I am not in the plumbing business
at this time, though.
Q I see. All right. How long have you lived
at this address?
A All my life except for the time I was born and,
raised on the hill up there in this two story house.
I have been on this street all my life.
Q All right. And you were living here, of
course, on January 8, 1972?
A Yes, sir.
Q All right. Just tell us what took place aroun
8:00 on the evening as best as you can recall.  ̂̂

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A Yes, sir. My wife and nyself just had dinner
and just finished eating, no noise in the house at all, 
like T.V.'s or radios, and all of a sudden we heard, 
■Halt, halt, halt", and by that time the guns blasted 
a loose. It really kind of scared us at the time 
because of the window there.
Q Did you go outside after that?
A Yes, sir.
Q Tell us what you found?
A I went outside and the Police had done come
from the front up here at the street and was trying to 
get across a six-foot fence out there and I saw they 
couldn't make it. So I told them, "Just a moment, I 
will get you a key. I have got a gate back there. I 
will unlock the gate." So they said, all right. And 
I unlocked the gate and we went in and walked back —  
they had flashlights —  walked back some 20 or 30 feet 
from where the gate is and they located one of these 
men that got shot down in approximately the center of 
the ditch.
Q All right. Now, when you were out at the
ditch —  oh, when you first became aware of the shoot­
ing, I believe you said that you went outside after 
you heard the Police in the back?

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.on wa3 the one that got hit? n HOW big a person was
I could see laying down, I 

. well, ^. n tall or thereabouts. I under would say he was 5 foot tall
stood later he was a teenager.

° ^ . that tine I didn't know whether
A ^ I understoodiust a kid burglar. Xa tr̂ QV/n inen or 3 he was a g..ovfii

, ov“r there.he broke in the nan s pla -
s i. a. nut it wasn t a uinyAll right.^ take a nan»s placesir. He could taxe Oh, no, no, 3-^*

any time. ' shooting
, K*. X£ YOU can recall tnAll  ̂ .

was it from the tine you first heard 
incident, how long was it fro

td -Bait- until the firing began? the word Halt
. fcVi« word "Halt , 3. When I heard the worn

It sounded so close and it v,nd of dunbfounded because it sou
ts later before I heard the fire wasn’t but noments later

the back door.loose. ht that tine X cone out
^ 3 ,t you did hear the polica.yell, j

halt"?
Yes, sir.

three distincts halts?There were three
. t of three, yea,I I would say it was every bit

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Q
A
sir. 187.





THE CHALLENGE 
OF CRIME 

IN A FREE SOCIETY
A REPORT BY THE PRESIDENT’S  COMMISSION ON LAW ENFORCEMENT 

AND ADMINISTRATION OF JUSTICE

United States Government Printing Office 
Washington, D.C.

» February 1957

187o 000584



m

FOREWORD

5^  July 23, 1965, recogn^g the urgenqr of the Nation’s crime problem and the 
depth of Ignorance about it. President Johnson established this "Commission on Law 
Enforcement and Administration of Justice, through Execudve Order 11236.

report ■“The Challenge of Crime in a Free Sodet/’—embodies 
aU the major endings we have drawn from our examination of every facet of crime 
and law enforcement in America. These are summarized in an opening section, and 
our recommmdations are cataloged in a table foUowing chapter 13. In addidon, 
we are finishing the work on a series of volumes reflecting the detailed and e-xtensive 
res^ch and̂  analysis underlying this report. These volumes, each dealing with a 
c^erent major segment of the field of crime and law enforcement, will be issued 
shortly, as they are completed..

We have described, in appendix A, how the Commission went about its work. 
But one aspert deserves p a r d o ^  note. Our work was, as indeed it should and had 
to be, m the fullest sense, a joint undertaking.

received Ae unsdndng assistance of the Federal Bureau of Invesdgadon, the 
U.S. B i ^ u  of Prisons, the Department of Health, Educadon, and Welfare, and every 
O th e r  Federal agency w e  called on. ^

We h;^ the invaluable assistance of many State, local,, and private agencies and 
groups m this field.

We had at our service the special talent and knowledge of hundreds of expert 
consultants and advisers who contributed to our work.

And, most important, the foundadon to our work came from a staff whose 
ener^ and endurance exceeded only by its brilliance and imaginadon. Every 
memW of this Commission joins me in expressing the warmest gradtude and admira- 
Oon for J ^ e s  Vorenb^, profeswr at the Harvard Law School, the Executive 
D ire^r of the Commission, who directed this e.xtraordinary staff effort, and for each 
of his colleagues.

tJL hlfiyXL
Nicholas deB. Katzenbach 
Chttirman

000561)
187 V



T H E  COIvIM ISSIO N

Nicholas deB. Katzenbach, Chairman

n
tfc

Genevieve Blatt » 
Charles D. Breitel 
Kingman Brewster 
Garrett H. Byrne 
Thomas J. Cahill 
Otis Chandler 
Leon JaworsH 
Thomas C- Lynch 
Ross L. Malone

James B. Parsons 
Lewis F. Powell, Jr. 
William P. Rogers 
Robert G. Storey 
Julia D. Stuart 
Robert F. Wagner 
Herbert Wechsler 
Whimey M. Young, Jr. 
Luther W. Youngdahl

T H E  ST A FF

Deputy Director 
Henry S. Ruth, Jr.

Associate Directors:
Gene S. Muehleisen 
Elmer K. Nelson, Jr. 
Lloyd E. Ohlin 
Arthur Rosett

Assistant Directors: 
David B. Burnham

Executive Director 
James Vorenfaerg

Bruce J. Terris
Samuel G. Chapman {Police)
Howard Ohmart {Corrections)
Vincent O’Leary {Corrections)
Charles H. Rogovin {Organized Crime)

Director ot Science and Technology 
Alfred Blumstein

William Caldwell 
Weston R. Campbell, Jr. 
Gerald M. Caplan 
Roland Chilton 
Joseph G. J. Connolly 
Virginia N. Crawford 
Elizabeth Bartholet DuBois 
Paul B. Duruz 
Robert L. Emrich 
Floyd Feeney 
Victor Giosda 
Sheldon Kiantz 
Anthony Lapham 
John L. McCausland 
Sheila Ann Mulvihill 
Albert W. Overby, Jr. 
Nick Pappas 
John F. Quinn 
Robert Rice 
Gordon D. Rowe 
Susan Freeman Schapiro 
Gerald Stem 
Keith Stubblefield 
Thelma C. Stevens 
Martin Timin 
G. Joseph Vining 
Richardson White, Jr.

187d
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b
housing, and commercial developments, and as to the 
effects on the community of urban renewal and the relo­
cation of population—neighborhood conditions to which 
municipal attention should be directed-

Tke Commission recommends:

The police should formally participate in community 
planning in all citics.

THE POLICE IN THE COMMUNITY

Carrying out with proper efficiency and discretion ffie 
complicated law enforcement and community-service 
tasks the police are expected to perform is a formidable 
assignment under the best of circumstances: When the 
public sympathizes and cooperates wth the police. 
Those circumstances do exist to a considerable extent in 
most rural, smalltown and suburban commuiutia, and 
in many big-city neighborhoods. The chief limitations 
on police work in those places are the talents and skills 
of policemen and police administrators, and the funds, 
equipment, and fat^ties available to them. In city slums 
and ghettos, the very neighborhoods that ne^  and want 
gfj"ective policing the most, the situation is quite different. 
There is much distrust of the police, especially among 
boys and young men, among the people the police most 
often with. It is common in those neighborhoods 
for citizens to fail to report crimes or refuse to cooperate 
in invesdgations. Often policemen are sneered at or in­
sulted on the street. Sometimes they are violently as­
saulted. Indeed, everyday police encounters in such 
neighborhoods can set off riots, as many police depart­
ments have learned.

This is the problem that is usually—and pohtely— 
referred to as “police-community relations.” It is ovm- 
whelmingly a problem of the relations between the police 
and the minority-group community, between the ^ lice  
and Negroes, Puerto Ricans, and Mexican-Amencans. 
It is as senous as any problem the police have today.

Of course, to say that there is much distrust of the police 
among members of minority groups is not to say that all

members of minority groups distrust the police, or to 
imply that only members of minority groups distrust the 
police. A survey of public attitudes toward the police 
conducted, at the Commission’s request, by the National 
Opinion Research Center shows, naturally enough, a 
spectrum of opinion. However, the differences in atti­
tude by race are striking. Twenty-three percent of all 
white people thought that the police were domg an “ex­
cellent” job of enforcing the law, while only 15 percent 
of nonwhites held that view. At the opposite end oi the 
scale, 7 percent of whites thought the police were doirig a 
“poor” job, as contrasted with'16 percent of nonwhites. 
Roughly the same kind of response was obtamed to a 
question about how well the police protect citizens.

With the questions, “How good a job do the police ^  
do on being respectful to people like yourself?” and “Do 
you rtiinW the police aroimd your neighborhood are al­
most all honest, mostly honest, with a few who are cor- 
jT̂ pt, or ^ e  they almost all corrupt? , the difference in 
response by race was more than striking. It was startling. 
Sixty-three percent of whites and 30 percent of nonwhites 
thought the police were “almost all honest. One per­
cent of whites and 10 percent of nonwhites thought the 
police were “almost all corrupt”

It may be paradoxical that the same people who are 
most victimized by crime are most hostile to the police, 
but it is not remarkable. In view of the history of race 
relations in America and of the ghetto conditions in 
which most minority-group members live, doubt about 
American ideals and resentment against authority are to 
be expected among Negroes, Puerto Ricans, and Mexican- 
Americans. No doubt the police are condemned by the 
nature of their work to bear the brunt of such feelings. _ 

However, this is not the heart of the police-commumty 
relations problem. Throughout the country minority- 
group residents have grievances not just against society 
as a whole, but specifically against the police. Commis­
sion observers watched policemen work in minority-group 
neighborhoods in a number of major cities, and the Com­
mission has studied the findings of those who have made 
observations in many other cities. These observations 
indicate that any generalization about how “policemen”

National Opinion Research Center Poll •• AHirmative Answers

Do polico do "excalleflt”  Job?

W hite_______________________ — 23%

Non-White. .15%

Do police do “poor" Job?

W hite_____ 7%

Non-W hite-----------------------16%

Are police "alm ost all honest” ?  

White--------------------------------------

Non-White. .30-%

Are police “alm ost all com ip t”?

.63%  W h ite -----1 %

Non-White_______ 10%

187d 000387



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treat “minority-group members,” or vice versa, is almost 
sure to be misleading. For example, one Commission 
study conducted in a few cities showed that most police­
men treat minority-group citiaens in a nondiscriminatory 
manner, and received at least as much cooperation and 
courtesy from Negroes as from whites.

However, Commission studies also showed, and in this 
finding responsible police officials concur, that too many 
policemen do misunderstand and are indifferent to mi­
nority-group aspirations, attitudes, and customs, and that 
incidents involving physical or verbal mistreatment of 
minority-group citizens do occur and do contribute to the 
resentment against police that some minority-group njem- 
bers feel.

COM M UNITY RELATIONS PROGRAMS

Citizen hostility toward the police is every bit as dis­
ruptive of peace and order, of course, as police indiffer­
ence to or mistreatment of citizens. It is so obvious as 
almost to be a truism that ghetto residents will not obtain 
the police protection they badly want and need until 
policemen feel that their presence is welcome and that 
their problems are understood. However, in the effort 
to achieve this state of affairs, the duty of tnlfi-ng the 
initiative clearly devolves on the police, both because they 
are organized and disciplined and because they are pul> 
lie servants sworn to protect every part of the community. 
It is an urgent duty. Social tensions are growing and 
crime rates are mounting. Police agencies cannot pre­
serve the public peace and control crime unless the public 
participates more fully than it now does in law enforce­
ment Bad community feeling does more than create 
tensions and engender actions against the police that in 
turn may einbitter policemen and trigger irrational re­
sponses from them. It stimulates crime.

The Commission believes that a police-community rela­
tions program is one of the most important fimctions of 
any police department in a community with a substan­
tial minority population. It believes further that such 
programs must be organized and administered in accord­
ance with certain principles:

□  A community-relations program is not a public- 
relations program to “sell the police image” to the people. 
It IS not a set of expedients whose purpose is to tranquil- 
ize for a time an angry neighborhood by, for example, 
suddenly promoting a few Negro officen in the w ^e  
of a racial disturbance. It is a long-range, full-scale effort 
to acquaint the police and the community with 
other’s problems and to stimulate action aimed at solv­
ing those problems.

□  Community relations are not the e.xclusive business 
of specialized units, but the business of an entire depart­
ment from the chief down. Community relations are 
not e.xclusively a matter of special programs, but a mat­
ter that touches on ail aspects of police work. They must 
play a part in the selection, training, deployment, and 
promotion of personnel; in the execution of field proce­
dures; in staff policymaking and planning; in the en-

■ forcement of departmental discipline; and in the han­
dling of citizens’ complaunts.

□  The needs of good community relations and of ef­
fective law enforcement will not necessarily be identical 
at all times. For e.xample, restricting the way field inter­
rogations are carried out could lead, in the short run, to 
apprehending fewer criminals; imposing hareh penalties 
on officers who verbally abuse minority-group citizens 
could temporarily depress departmental morale. More­
over, professionalization of the police has meant, to a 
considerable extent. Improving efficiency by such methods 
as decreasing the number of officers on foot patrol, re­
ducing the number of precinct stations and insisting that 
patrol officers spend more time on law enforcement duties 
and less on maintaining relations with citizens on the 
street- A result of this has been a lessening of the in­
formal contacts between policemen and citizens. Con- 
fficts of this sort arc not easy to resolve, but the attempt 
must be made. While immediate law enforcement con­
siderations may take precedence, it should be remem­
bered that sound community relations are, in the long 
run, essential to effective law em'orcement.

□  Improving community relations involves not only 
imtituting programs and changing procedures and prac­
tices, but re-examining fundamental attitudes. The po­
lice will have to learn to listen patiently and understand- 
mgly to people who are openly critical of them or hostile 
to them, since those people are precisely the ones with 
whom relations need to be improved. Quite evidently, 
it is not easy for a man who was brought up to obey the 
law and to respect law enforcement officers to maintain 
his poise and equanimity when he is denounced, sneered 
at, or threatened. However, policemen must do just that 
if police-citizen relationships on the street are to become 
person-to-person encounters rather than the black-versus- 
white, oppressed-versus-oppressor confrontations they 
too often are.

□  The police must adapt themselves to the rapid 
changes in patterns of behavior that are taking place in 
America. This is a time when traditional ideas and 
institutions are being challenged with increasing insist­
ence. The poor want an eqrml opportunity to earn a 
share of .America’s wealth. Minority groups want a final 
end put to the discrimination they have been subjected to 
for centuries. Young people, the fastest growing seg­
ment of the population, have more freedom than they 
ever have had. The police must be willing and able to 
deal imderstandingly and constructively with these often 
unsettling, even threateffing, changes.

The Commission recommends:

Police departments in all large communities should have 
community-relations machinery consisting of a head­
quarters imit that plans and supervises the department’s 
community-relations programs. It should also have 
precinct units, responsible to the prednet commander, 
that carry out the programs. Community relations must 
be both a staff and a line function. Such machinery is a

1 8 8 0 0 0 0 5 6 8



104

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ministered. The administrative guidance supplements the 
general legislative policy.

Another reason that law enforcement policies are sel­
dom stated is that many of them would turn out to be, if 
clearly set forth, highly controversial. For example, if the 
police announced publicly that nondisorderly drunks 
would be arrested only if they had no home to go to, they 
might be accused of discriminatory treatment

Probably the most pervasive reason that the police do 
not articulate policy formally is that they usually do not 
realize that they make policy informally every day. The 
police are not accustomed to thinking of themselves as 
employees of an agency that much more often enforces 
laws administratively than by invoking the formal criminal 
process through arrest. Yet a decision by a policeman to 
order a sidewalk gathering to “break it up,” or to take a 
delinquent youth home rather than arrest him, or to “cool 
off’ a drunk in a precinct lockup rather than formally 
charge him, is an administrative decision. Not only 
should policemen be guided by departmental policy in the 
making of such delicate decisions, but the people who v̂ill 
be affected by these decisions—the public—have a right to 
be apprised in advance, rather than ex post facto, what 
police policy is.

Thdi Commission recommends:

Police departments should develop and enunciate policies 
that give police personnel specific guidance for the com­
mon situations requiring exercise of police discretion. 
Policies should cover such matters, among others, as the 
issuance of orders to citizens regarding their movements 
or activities, the handling of minor disputes, the safe­
guarding of the rights of free speech and free assembly, 
the selection and use of investigative methods, and the 
decision whether or not to arrest in specific situations 
involving specific crimes.

The issuance of orders to individuals regarding their 
movements, activities, and whereabouts relates particu­
larly to the common police practice of ordering many 
street gatherings to "break it up” and “move on.” Con­
siderations that might govern the issuance of such orders 
are the time of day, the amount of disturbance the .gath­
ering is causing, whether or not the members are intoxi­
cated, whether or not they are unduly obstructing traffic, 
and whether or not they are people known to the police 
as offenders or troublemakers. *

Also involved are cultural considerations that are more 
complex. Some people ordinarily conduct their social 
lives on the street, particularly if they live in neighbor­
hoods where the housing is dilapidated and overcrowded 
and where there are few parks or other recreational fa­
cilities. Breaking up such groups, rather than contribut­
ing to public order, is likely to have the reverse effect. 
Moreover, formulating and executing policy in this field 
could make the police more conscious of neighborhood 
problems and could, therefore, make the police more effec­
tive servants of the corrununity.

Handling minor disputes is an activity that is regarded 
as of small importance by most police administrators. 
Yet it occupies a great deal of the time of many police­
men. To the disputants themselves, who are more often 
than not law-abiding citizeru, the manner in which the 
police intervene in their affairs is a matter of great im­
portance. Disputes, particularly domestic disputes, as 
discussed earlier, are a subject about which it would be 
difficult to formulate policy without first engaging in 
considerable research. The police should seek to ac­
cumulate information about families that cause repeated 
disturbances, to discover whether certain kinds of disturb­
ances are more likely than others to lead to serious assaults 
or to homicides, to compile statistics on the typical effects 
of having one of the parties swear out a complaint 
against the other, to become familiar with the social- 
service agencies, if any, to which troubled families can bt 
referred. For the police to mediate, arbitrate or suppress 
each dispute that they encounter as if it were unique—or 
as if all disputes were alike—contributes little, in the long 
run, either to law enforcement or to community service. 

iy Chapter 3 has discussed at some length the intimate 
street relationships betsveen policemen and juveniles. Be­
cause juveniles frequent the streets so much, because they 
are usually in groups, because they are sensitive to real or 
imagined slights, and because the line between natural 
and relatively harmless conduct and threatening or in­
jurious behavior is often hard to draw, the police must 
exercise great discretion in dealing vvith them. Clear 
police policies about ways of handling various juvenile 
situations would be of great help to policemen on the 
street There is a trend toward articulating policy about 
this part of police work. For example, the Chicago Po­
lice Department has issued a particularly lucid set of 
prescriptions for dealing with juveniles.

Safeguarding the rights of free speech and free assem­
bly has become in recent years an increasingly important 
police duty, and one that can, on occasion, divert large 
numbers of police from patrol or. investigative duties. 
During 1 month in Philadelphia, for example, there were 
15 major demonstrations that needed police protection or 
at least police presence. This figure does not include 
dozens of street comer meetings and other minor form.* 
of propagandizing or protest—each of which requirec. 
the continuous attention of at least one policeman, svhile 
it was underway. These demonstrations were either for 
or against police brutality, a strike of California grape 
pickers, the Pennsylvania divorce laws, rock and roll 
music, slum landlords, draft classification e.xaminations, 
black power, a movie about the Battle of the Bulge, a 
“rape sentencing” bill, equal rights for homosexuals, low 
wages at a convalescent home, more post office promo­
tions for Negroes, and the war in Viemam.

Policing demonstrations is a particulafly sensitive job, 
not only because of the occasional difficulty in distin­
guishing behveen the legitimate exercise of constitutional 
rights, and trespass or incitement to riot, but because 
policemen have views of their own about the issues that 
are being vociferously debated. IVhen spontaneous or

' i ' 188± 0005h'.')



r’ore, they would be greatly helped in their task of pre- 
ing order and protecting constitutional rights if the 

leaden of protesting or demonstrating groups discussed, in 
advance with the police, the appropriate times and places 
for demonstrations and methods of demonstrating. On 
the other hand, strong law enforcement responses in a 
true riot situation must occur rapidly, on the basis of 
advance planning and operational coordination.

Advance planning is a necessity and must be conducted 
jointly between the police and local. State, and Federal 
governments. Too few departments have held the drills 
and rehearsals that disclose in advance deficiencies in 
plaiming, communications, coordination and chain of 
command. Procedures for calling in the National Guard 
and allocating command responsibility must be worked 
out prior to riotous situations.

The tactics chosen at the beginning of disorder may well 
be the crucial factor in controlling a riot. The kinds and 
extent of police force employed, and equipment involved, 
must be thought out well in advance, taught to personnel 
through training and constantly reassessed. Procedures 
for the acquisition and channeling of intelligence must be 
established so that information is centralized and dis­
seminated to those who need it.

Like any kind of crime, riots are best controlled by pre­
vention. This of course involves maintaining proper 
police conduct, but the most important element in pre-

ntion is a city government’s awareness of and response 
.o the frustrations of the community.

FIRZARMS U SE POLICY

In most cities police officers receive too little guid­
ance as to when firearms may be drawn and used. Re­
cruit and inservice training should keep officers con­
tinually alert to the legal and moral aspects of the use 
of firearms.

The Commission recommends:

A comprehensive regulation should be formulated by 
every chief administrator to reflect the basic policy that 
f̂irearms may be used only when the officer believes his 
life or the life of another is in imminent danger, or when

119

other reasonable means of apprehension have failed to 
prevent the escape of a felony suspect whom the officer 
believes presents a serious danger to others.

COORDINATION AIST) POOLING OF 
POLICE SERVICES

The machinery of law enforcement in this country is 
fragmented, complicated and frequently overlapping. 
America is essentially a nation of small police forces, each 
operating independently within the limits of its Jurisdic­
tion. The boundaries that define and limit poEce opera­
tions do not hinder the movement of criminals, of course. 
They can and do take advantage of ancient poEtical and 
geographic boundaries, which often give them sanctuary 
from effective poEce activity.

Nevertheless, coordination of activity among poEce 
agencies, even when the areas they work in are contiguous 
or overlapping, tends to be sporadic and informal, to the 
extent that it e.xists at all. This serious obstacle to law 
enforcement is most apparent in the rapidly developing 
urban areas of the country, where the vast majority of the 
Nation’s population is located and where most crimes 
occur. In 1960, almost 117 million people, about 70 per­
cent of our population, resided in America’s 18,000 cities. 
Of these, almost 113 milEon persons, 63 percent of our 
population, resided in the 212 areas designated by the 
Bureau of the Census as Standard Metropolitan Statis­
tical .Ajreas. According to FBI reports, approximately 83 
percent of the Part I crimes committed in the United 
States in 1965 were committed in these SMS.' ’̂s. These 
212 sprawling, metropoEtan areas comprise 313 counties 
and 4,144 cities, each of which has its own police force. 
The majority of these departments are small and have 
only limited faciEties and services. Thus, the responsi- 
bUity for dealing with most of the serious crime in this 
country is diffused among a multitude of independent 
agencies that have little contact with neighboring forces.

The Commission beEeves that the principal method of 
improving enforcement outside of the large cities is the co­
ordination or pooling of poEce services. Coordination 
involves an agreement between two or more jurisdictions 
to perform certain services jointly; usually one of the 
jurisdictions vrill provide one or more services for the 
others. Pooling occurs when local government jurisdic­
tions consoEdate by merging one jurisdiction, or a func­
tion thereof, with another jurisdiction, or function 
thereof. Coordination is the more feasible form of law 
enforcement cooperation because there are fewer poEtical 
or legal obstacles to achieving it.

In studying how coordination or pooling might improve 
the quality of law enforcement, the Commission was 
guided by two assumptions. First, some pooling could 
take place without jeopardizing the independence of local 
government. Second, it is desirable to preserve as much 
local governmental control as is consistent with increasing 
the quality and quantity of police service. The Com­
mission further beEeves that the cost of any program

if it -
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1 8 8 a 000570
j;i



Sx6ii,/ 'T

TASK FORCE REPORT:

Task Force on the Police

THE PRESIDENTS COMMISSION ON LAW ENFORCEMENT AND 

ADMINISTRATION OF JUSTICE

188ci 000571



m

I

’i3

■i !

U.S. Governmer.t Printing Office, Washington : 1957.
For sale by the Superintendent of Documents, U.S. Government Printing Office. Washington, D.C. 20402 
Price: $2.85. domestic postpaid; $2.50, GPO Bookstore
Copies of the Commission’s general report, "Tne ChaUenge of Crime in a Free Society,” can be purchased from the Superintendent 

of Documents for $2.25.
Copies cf other task force reports and other supporting raaterials can also be purchased. 0005 i'rl

188^



FOREWORD

In Febniary of this year the President’s Commission on Law Enforcernent and 
Administration of Justice issued its General Report; The Challenge of Crime in a 
Free Society. As noted in the Foreword to that Report, the Commission s work was a 
joint undertaking, involving the collaboration of Federal, State, local, and private 
agencies and groups, hundreds of expert consultants and advisers, and the Commis­
sion’s own staff. Chapter 4 of that Report made findings and recommendations
relating to the problems facing the Nation’s police. . . .  t .

This volume, the Task Force Report on the Police, embodies the research and 
analysis of the staff and consultants to the Commission which underlie those findmgs 
and recommendations, ^ d  in many instances it elaborates on them. Preliminary 
drafts of most of the materials in the volume have been distnbuted to the entire Com­
mission and discussed generally at Commission meetings, although more d efied  
discussions and intensive review have been the responsibility of a panel of five Com­
mission members attached to this Task Force. While individual memben of the 
panel have reservations on some points covered in this volume but not reflected m 

■ the Commission’s General Report, this volume as a whole has the endorse­
ment of the panel. The organization of the Commission and the Task Forces is
described in the General Report at pages 311—312. — . . i r.

Three chapters of this volume were prepared by Commission consultants mer 
extensive consultation with Commission staff. Chapter 2, “Law En^rcement; The 
PoUce Role,’’ was prepared by Profs. Frank Remington and Herman Goldstein of the 
University of Wisconsin College of Law at Madison. Chapter 4 “Coordination and 
Consolidation of Police Service,’’ was the work of the PubUc AcW^trauon Service 
of Chicago, III, and Chapter 9, “The Community’s Role m Law Enforcement, was 
written by Patricia M. Wald, former Commissioner of the President s Commission on
Crime in the District of Columbia. • • -u

Among the Research Studies to be published shortly by the Commission vnll
■ a number of field studies, conducted by consultants to the Commission, which will
have bearing on various aspects of police operations. , . , . a  j

The Commission is deeply grateful for the talent and de^caUon of its amd 
for the unstinting assistance and advice of consultants, advisers, and collaborating 
agencies whose efforts are reflected in this volume.

Z / X  ^ 3 .
N icholas deB. K atzenbach 
Chairman

000573
I S S ?



T H E  C O J/IM ISSIO N

Nicholas 
Genevieve Blatt 
Charles D. Breitei 
Kingman Brewster 
Garrett H. Byrne 
Thomas J . Cahill*
Otis Chandler*
Leon Jaworski 
Thomas G. Lynch 
Ross L. Malone*

deB. Katzenbach, Chairman 
James B. Parsons 
Lewis F. PoweU, Jr. 
William P. Rogers 
Robert G. Storey 
Julia D . Stuart 
Robert F. Wagner* 
Herbert Wechsler 
Whitney M. Young, Jr.  ̂
Luther W. Youngdahl

^Police Task Force panel memben.

T H E  ST A FF

Executive Director 

James Vorenberj
Deputy Director 

Henry S. Ruth, Jr.

Associate Directors:

Gene S. MuchlciscnJ 
Elmer K. Nelson, Jr.
Lloyd E. Ohlin 
Arthur Rosett

Assistant Directors:

David B. Burnham
Bruce J. Terrist
Samuel G. Chapman {Polict)X
Howard Ohmart {Corrniions)
Vincent O’Leary {ConKtions)
Charles H. Rogovin {Orgmizid Crime)

Director of Science and Technology;

Alfred Blumstein

William Caldwell 
Weston R. Campbell, Jr. 
Gerald M. Caplan 
Roland Chilton 
Joseph G. J. Connolly 
Virginia N. Crawford 
Elizabeth Bartholet DuBois 
Paul B. DuruzJ 
Robert L. Emrich 
Floyd Feeney 
Victor Gioscia 
Sheldon Krantaf 
Anthony Lapham 
John L. McCausland 
Sheila Ann Mulvihill 
Albert W. Overby, Jr.
Nick Pappas 
John F. QuinnJ 
Robert Rice 
Gordon D. RoweJ 
Susan Freeman Schapiro 
Gerald Stem 
Thelma C. Stevens 
Keith Stubbleheld 
Martin Timin 
G. Joseph Vining 
Richardson White, Jr.

♦Sta/r rnetnben devoting prinaary attention to the work of the Police.Task Force. 000574
IV

188d



C O N S U L T A N T S

Richard H. Blum, Professor, Stanford University, Stan­
ford, Calif.

Allen P. Bristow, Associate Profe^r, Department of 
Police Science and Administration, Califomia State 
College at Los Angeles, Los Angeles, Calif.

William P. Brown, Professor, State University of New 
York, Albany, N.Y.

James E. Carnahan, Associate Professor, Deparment of 
Police Science and Administration, California State 
College at Los Angeles, Los Angeles, Calif.

Edward V. Comber, Project Director, Crimiipl Jusdce 
Information Systems Design Study, Califomia Depart­
ment of Justice, Sacramento, Calif.

J. Shane Creamer, First Assistant U.S. Attorney, Phila- 
deIphia,'Pa.

William F. Danielson, Director of Personnel, City of 
Berkeley, Calif.

Harry Diamond, Associate Profe^r, Departinent of 
Police Science and Administradon, Califomia State 
College at Los Angeles, Los Angeles, Calif.

George D. Eastman, Headquarters Representative, Pub­
lic Administration Service, Chicago, 111.

John Fabbri, Chief of Police, South San Francisco, Calif.
Edward A. Farris, Professor of Police Science, New 

Mexico State University, University Park, N. Me^
James L. Fyke, Field Representadve, Public Administra­

don Service, Chicago, 111. , „
Raymond Galvin, Assistant Professor, School of PoUce 

Administradon and Public Safety, Michigan State 
Uiuversity, East Lansing, Mich.

A- C. Germann, Professor, Department of Criminology, 
Califomia State College at Long Beach, Long Beach, 
Calif.

Herman Goldstein, Professor, University of Wisconsm 
Law School, Madison, Wis.

G. Douglas Gourley, Professor and Chairman, Depart­
ment of Police Science and Administradon, Califomia 
State College at Los Angeles, Los Angeles, Calif.

John Guidid, Captain, Oakland Police Department, Oak­
land, CaliL , „ 1- e •

Richard O. Hankey, Professor, Department of Police 5a- 
ence and Administradon, CalHomia State College at 
Los Angeles, Los Angeles, Calif.

William H. Hewitt, Assodate Professor and Chairman, 
Department of Police Science, State University of New 
York, F armingdale, N.Y.

Roy E. Hollady, Chief of Police, Fort Collins, Colo.
Norman C. Kassoff, Supervisor, Police Training Unit, In- 

temadonal Associadon of Chiefs of Police, Washmgton, 
D.C.

Joseph Kimble, Chief of Police, San Carlos, Calif.
Richard Laskin, Associate Professor, Department of Politi­

cal and Sodal Sdence, Illinois Insdtute of Technology, 
Chicago, 111.

B. Earl Lewis, Foothill College, Los Altos Hills, Calif.
G. Stephen Lloyd, Field Representadve, Public Adminis­

tradon Service, Chicago, 111.
Joseph D. Lohman, Dean, School of Criminology, Umver- 

sity of Califomia, Berkeley, Calif.
Lawrence S. Margolis, Speaal Assistant U.S. Attorney for 

the District of Columbia, Department of Jusdce. 
Gordon E. Misner, Visiting Assodate Professor, School of 

Criminology, University of California, Berkeley, C ^ .  
Richard A. Myren, Dean, School of Criminal Jusdce, 

State University of New York, Albany, N.Y.
David L. Norrgard, Field Representadve, Public Admin- 

btradon Service, Chicago, 111.
George W. O’Connor, Director, Professional Standards 

Divbion, Intemadonal Assodadon of Chiefs of Police, 
Washington, D.C. .

Bmce T. Olson, PoHce Adminbtradon Spec^st, Insti­
tute for Community Development and Services, Michi­
gan State University, East Lansing, Mich.

J. Kinney O’Rourke, Execudve Director, Massachusetts 
League of Cides and Towns, Boston, Mass.

Margaret G. Oslund, Department of Polidcal and Sodal 
Sdence, Illinob Insdtute of Technology, Chicago, IlL 

Wesley A. Pomeroy, Undenheriff, San Mateo County 
Sheriff’s Police Department, San Mateo, Calif.

Norman E. Pomrenke, Assbtant Director, Insdtute of 
Government, University of North Carolina, Chapel
Hm,N.C. . ,

Loub Radelet, Professor, School of Police Administration 
and Public Safety, Michigan State University, East 
Lansing, Mich.

Leonard E. Rebman, President, John Jay College of 
Criminal Jusdce, The City University of New York, 
New York, N.Y.

Gerald Robin, Office of Nadonal Analysts, Philadelphia, 
Pa.

Jewell L. Ross, Captain (retired), Berkeley Police Depart­
ment, Berkeley, Calif. _ _ _ .

James D. Sdncfacomb, Supervisor, Police Educadon Unit, 
Intemadonal Assodadon of Chiefs of Police, Washing­
ton, D.C.

Patricia M. Wald, Commissioner, President’s Commis­
sion on Crime in the District of Columbia.

John B. Williams, Assodate Professor, Department of 
Police Sdence and Adminbtradon, Califomia State 
College at Los Angeles, Los Angeles, Calif.

188 V ooGovri



VI

A D V IS E R S

. Claude Abercrombie, Jr., Sheriff, Douglas County, Doug- 
lasville, Ga.

Charles R. Adrian, Professor and Chairman, Department 
of Political Science, University of California, River­
side, Calif.

Douglas W. Ayres, City Manager, Salem, Oreg.
David A. Booth, Associate Professor, Department of Po­

litical Science, University of Kentucky, Lexington, Ky.
C. Beverly Brily, Mayor, Nashville, Tenn.
Thomas Brownfield, Special Agent Supervisor, FBI, De­

partment of Justice.
Robert L. Carter, General Counsel, National Association 

for the Advancement of Colored People, New York, 
N.Y.

Joseph Casper, Assistant Director, FBI, Department of 
Justice.

Grorge E. Causey, Deputy Chief, Metropolitan Police 
Department, Washin^on, D.C.

Ben Clark, Sheriff, Riverside County, Calif.
Donald E. Clark, Sheriff, Multnoniah County,-Portland, 

Oreg.
James Cotter, Inspector in Charge, FBI National Acad­

emy, FBI, Department of Justice.
John Creer, County Commissioner, Salt Lake City, Utah.
Thompson S. Cro^ett, Professor of Police Science, St. 

Petersburg Junior College, St. Petersburg, Fla.
Louis R. Damiani, Chairman, Legislative Committee, 

National Office of the Fraternal Order of Police, Phil­
adelphia, Pa.

Jerome Daunt, Chief, Uniform Crime Reporting Section, 
FBI, Department of Justice.

C. D. deLoach, Assistant to the Director, FBI, Depart­
ment of Justice.

Leonard J. Duhl, Special Assistant to the Secretary of 
the Department of. Housing and Urban Development, 
Washington, D.C.

Woodrow W. Dumas, Mayor, East Baton Rouge, La.
Edward L. Epting, Sergeant, San Francisco Police Depart­

ment, San Francisco, Calif.
Paul E. Estaver, Dissemination Officer, Office of Law 

Enforcement Assistance, Department of Justice.
Rev. Walter L. Fauntroy, Director, Washington Bureau 

Office, Southern Chnstian Leadership Conference, 
Washington, D.C.

Thomas F. Fitzpatrick, Director, Bureau of Special Serv­
ices and Intelligence, San Francisco Police Department, 
San Francisco, Calif.

Arthur Q. Furm, General Counsel, National Urban 
League, Inc., New York, N.Y.

Charles R_ Gain, Deputy Chief, Oakland Police Depart­
ment, Oakland, C^if.

Robert R. J. GaLlati, Director, New York State Intelli­
gence and Identification System, Albany, N.Y.

Rernarrl, Garmire, Chief of Police, Tucson, Ariz.
Peter F. Hagen, Inspector, Los Angeles Police Depart­

ment, Los Angeles, Calif.
William Harpole, Sheriff, Oktibbeha County, Starkvillc, 

Miss.
Patrick Healy, Executive Director, National League of 

Cities, Washington, D.C.
William W. Hermann, Police Consultant, Rand Corp., 

University of Southern California, Los Angeles, Calif.
James C. Herron, Captain, Philadelphia Police Depart­

ment, Philadelphia, Pa.
Roderic C. Hill, Lieutenant General, Adjutant General, 

California National Guard, Sacramento, Calif.
William Hollowell, Sheriff, Sunflower County, Indianola, 

Miss.
John E. IngersoU, Chief of Police, Charlotte, N.C.
Adolph C. Jacobsmeyer, Major, St. Louis Police Depart­

ment, St. Louis, Mo.
John J. Jemilo, Deputy Assistant Director, Office of Law 

Enforcement Assistance, Department of Justice.
Herbert T. Jenkins, Chief of Police, Atlanta, Ga.
Mark E. Keane, City Manager, Tucson, Ariz.
John T. Kelly, Deputy Chief of Police, Chicago, 111:
Hubert O. Kemp, Chief of Police, Nashville-Davidson 

County, Tenn.
Harold Light, Assistant Special Agent in Charge at 

Quantico, Va., FBI, Washington, D.C.
Floyd Mann, Former Superintendent, Alabama Highway 

Patrol, Chambers County Sheriff’s Office, Langdale, 
Ala.

Daniel H. Margolis, Attorney, Washington, D.C.
Robert E. McCann, Director of Training, Chicago Police 

Department, Chicago, IlL
William P. McCarthy, Inspector, New York Police De­

partment, New York, N.Y.
Roy McLaren, Director, Field Operations Division, In­

ternational Association of Chiefs of Police, Washington,
D.C.

Karl A. Menninger, MJD., Chief of Staff, The Men- 
ninger Formdation, Topeka, Kans.

Raymond M. Momboisse, Deputy Attorney General, 
California Department of Justice, Sacramento, Calif.

1883 000 r"' >o r o



WilHam Mooney, Special Agent Supervisor, FBI, De­
partment of Justice.

Patrick V. Murphy, Assistant Director, OfBce of Law 
Enforcement Assistance, Department of Justice.

John F. Nichols, District Inspector, Detroit Police De­
partment, Detroit, Mich.

Joseph D. Nicol, Superintendent, Illinois Burpu of 
Criminal Identification and Investigation, Joliet, 111.

Harvard Norred, Chief of Police, Gwinnept County, 
Lawrenceville, Ga.

Peter J. Pitchess, Sheriff, Los Angeles County, Los 
Angeles, Calif.

George H. Puddy, Executive Officer, California Police 
Officers’ Standards and Training Commission, Sacra­
mento, Calif.

Thomas Reddin, Chief, Los Angeles Police Department, 
Los Angeles, Calif.

Rudy Sanfillippo, Task Force Director, Joint Commission 
on Correctional Manpower and Training, Washington, 
D.C.

Lloyd G. Sealy, Assistant Chief Inspector, New York 
Police Department, New York, N.Y.

Carleton F. Sharpe, City Manager, Kansas. City, Mo.
Daniel J. Sharpe, Inspector, Rochester Police Depart­

ment, Rochester, N.Y.
Robert Sheehan, Professor, Department of Law Enforce­

ment Administration, Northeastern University, Boston, 
Mass.

r

R. Dean Smith, Director, Research and Development 
Division, International Associadon of Chiefs of Police, 
Washington, D.C.

Charles L. Southward, Brigadier General, Assistant Chief 
for Army Nadonal Guard, U.S. National Guard Bu­
reau, Washington, D.C.

Daniel Stringer, Sheriff, Cherokee County, Canton, Ga.
Quinn Tamm, Executive Director, International Asso­

ciation of Chiefs of Police, Washington, D.C.
Carl C. Turner, Major General, Provcat Marshal Gen­

eral, Department of the Army, Washington, D.C.
WUliam Veeder, City Manager, Charlotte, N.C.
Nelson A. Watson, Project Director, R es^ch and De­

velopment Division, International Association of Chiefs 
of Police, Washington, D.C.

Leon H. Weaver, Professor, School of Police Administra­
tion and Public Safety, Michigan State University, East 
Lansing, Mich.

James Q. Wilson, Associate Professor of Government, Di­
rector, Joint Center for Urban Studies of Massachusetts 
Institute of Technology and Harvard University, 
Cambridge, Mass.

Minor Keith Wilson, Assistant Chief of Police, Chicago 
Police Department, Chicago, 111.

O. W. Wilson, Superintendent, Chicago Police Depart­
ment, Chicago, 111.

Orrell A. York, Executive Director, Municipal Police 
Training Council, Albany, N.Y.

S U P P O R T IN G  STA FF A N D  SE R V IC E S

Secretarial and Clerical

James A. Adkins 
Doris J. Bacon 
Margaret Beale 
Mary G. Bergbom 
Margaret R. Bickford 
Nancy B. Bradley 
Rita Louise Brooke

Conchita A- Brown 
Scennie M. Brown 
Suzanne L. Carpenter 
Barbara A. Casassa 
Sally M. Chopko 
WilHe Copel^d 
Catherine Cyrus 
Mary Frances Factory

Doris T. Farmer 
Ann Felegy 
Mary Fox
Carol A. Hambleton 
Rosalind M. Humphries 
•Nancy Hunt 
Betty C. Irby 
Barbara J. Jones

Patricia A. Lanham 
Joan E. Peterson 
Evelene Richards 
Lee E. Salerno 
Shelia M. Sheahan 
Nancy Strebe 
Margaret Triplett

S U P P O R T IN G  SE R V IC E S

INDEX

Edv/ard T. Johnson & Associates, Washington, D.C.

1883

COPY EDITING

Katherine M. Hanna 
James O’Bryan



189

interrogations each had made.” * In one of those cities 
a ranking officer stated:

Our fint line supervijors [Sergeants] have a responsibility to 
keep statistics on each officer’s production—not an average, but 
his production—to find out whether a particular officer's per- 
fomiance is consistent with what his [sjquad’s average might 
be. .\i a result, if a particular man is low, we e.spect an 
explanation.

Police work is far too complicated and delicate a job to 
judge an officer’s work or qualifications for promotion on 
the number of arrests he has made. Furthermore, arrest 
quotas, if they exist as either explicit requirements or 
implied expectations, can lead to Improper activity by 
policemen. Patrolling officers have the complex and diffi­
cult responsibility of exercising their discretion based on 
the circumstances of the particular case. No part of this 
calculation should consist of the number of arrests the 
officer has made in comparison to a preestablbhed quota 
or'expectation set by the department.

U SE OF FIRE.\RM S TO APPREHEND OR ARREST SUSPECTTS

Police use of firearms to apprehend suspects often 
strains community relations or even results in serious dis­
turbances. For e.xample, the San Francisco riot of 1966 
started after a juvenile was shot and killed while fleeing 
from a stolen car.̂ *“ Severe tensions were aroused in Los 
.■\ngeles during May 1966, after an officer’s firearm acci­
dentally discharged and killed a man who had refused to 
stop his automobile until it was forced to the curb.'“ ‘ 
In St. Louis, disturbances began in September 1966 after 
police officers shot and killed a person who had his hands 
handcuffed behind him in a police car located in the 
courtyard of police headquarters. The police assert that 
the suspect threatened officers in the car with a tear gas 
pistol he had in his belt behind him which the officers 
had failed to find in a search earlier.'*'*

When studied objectively and unemotionally, particular 
uses of firearms by police officers are often unwarranted. 
For example, an American Bar Foundation study revealed 
one instance where a foot patrolman signaled a speeding 
driver to stop. ^Vhen the driver did not, the officer fired 
five times at the speeding car.*”

A study by an American Civil Liberties Union affiliate 
in a medium-sized city found that officers fired guns more 
than 300 times in a 2-year period and over one-third 
were during automobile chases involving juveniles.'*”  
.“Vn average of 240 persons per year were fatally injured by 
police between 1950 and 1960.'*=* The Michigan State 
study concluded that police officers often use guns indis­
criminately and that this was due, in large part, to over­
emphasis of danger in police work.*”  While the murder 
of a single police officer is a tragedy, as of 1955, the rate of 
total police fatalities while on duty (including accidents) 
was 33 fatalities per 100,000 officers which was less than 
the rate of deaths on duty in mining (94), agriculture 
(55), construction (76), and transportation (44).*”

It is surprising and alarming that few police depart­

ments provide their officers with careful instruction on 
the circumstances under which the use of a firearm 
is permissible. For e-xample, a 1951 survey of Michigan 
police forces found that 27 out of 49 had no firearms 
policies.*'* A survey in 1964, of 45 of the 51 American 
cities of over 250,000 population, found that 3 had no 
tvritten firearms policy,*'* and, while others had com­
prehensive policy statements, many were quite limited. 
For example, one simply prohibited w'arning shots, one 
instructed its officers to “exercise the greatest possible 
caution,” and 10 urged officers to use “good judg- 
menL” *'“ While it is true that many departments have 
oral firearms policies, these policies have normally de­
veloped through customary practices that rarely are the 
product of careful analysis and are usually not well under­
stood by patrolmen.*”

It is essential that all departments formulate written 
firearms policies which clearly limit their use to situations 
of strong and compelling need. A department should 
even place greater restrictions on their use than is legally 
required. Careful review of the comprehensive firearms 
use policies of several departments and disctissions with 
police administrators indicate that these guidelines should 
control firearms use:

1. Deadly force should be restricted to the apprehen­
sion of perpetrators who, in the course of their crime 
threatened the use of deadly force, or if the officer believes 
there is a substantial risk that the person whose arrest is 
sought will cause death or serious bodily harm if his 
apprehension is delayed. The use of firearms should be 
flatly prohibited in the apprehension of misdemeanants, 
since the value of human life far out%veighs the gravity 
of a misdemeanor.*'*

2. Deadly force should never be used on mere sus­
picion that a crime, no matter how serious, was com­
mitted or that the penon being pursued committed the 
crime. An officer should either have witnessed the crime 
or should have sufficient information to know, as a virtual 
certainty, that the suspect committed an offense for which 
the use of deadly force is permissible.

3. Officers should not be permitted to fire at felony 
suspects when lesser force could be used; when the officer 
believes that the suspect can be apprehended reasonably 
soon thereafter without the use of deadly force; or when 
there is any substantial danger to innocent bystanders. 
Although the requirement of using lesser force, when pos­
sible, is a legal rule, the other limitations are based on 
sound public policy. To risk the life of innocent persons 
for the purpose of apprehending a felon cannot be 
justified.

4. Officers should never use warning shots for any 
purpose. Warning sho ts endanger the lives of bystanders, 
and in addition, may prompt a suspect to return the 
fire. Further, officers should never fire fiom a moving 
vehicle.

5. Officers should be allowed to use any necesstiry force, 
including deadly force, to protect themselves or other

Suprt« note 22 4t pp- auprst no4* 21 rol. 1, p . I12*
<13 Supra, 8oC« 21 i t  ▼'*1. I, p< 1^6.

La*»ren«a E , J it im , **Calm Li Riicoretl la S ia  Francisco,** Naw Yprk Time*, 
Sep(. 30. 1966, p. I . co l. S.

*** Petar Bart, “ Inqueat Tighcma Taoiiofi >a Valia,** Maw York Tline#, May 21, 
1964. p. 13, e e l. 1.

Donald Janaeo. **Sl. Louie Orders Riot Crackdown.** New York Tim es, Sept. 
29. 1966. p. 39, co l. 3.

Supra, note 352 at p . 213.
American C » i l  Liberties Union, “ PoUca Power »t. Cliiactvs* Rl|hta'* (New  

York: The Am eneaa Civil Liberties Union, 1966), pp. V-3.
^  Cerald 0 .  Robin, ’'Justifiable H onicida b f  Police Ofiesrs,'* JoomaJ ol 

Criminal Law. Crim inolofy and Police S cien ce, 5 6 :2 2 ^ 2 2 9 . Robin alan notes

•that an averatn o l CW persona per year wer» fatally injared by police intervention  
between 19W and 1960—ap p roiim ateif six  tim es the number of officers kilJeiJ by 
criminals.

‘53 Supra, nota 22 at pp. 344-345.
^  Supra, aota 421 at pp. 22&-231.

Sam oel C , Chapman and Thompson S . Crockett. **Cunaigbt D ilem m a: Police  
Flrearma Policy,** Police, M ay-June 1963. p . 54. ^

Clncianalt P olice Oepartmenl. “ P olice R c(uU (iooa Co^em inf U*« of Firearms 
Surver,'* .^pr. 22, 1964, p. 1.

*=• Id. pp. 9-54.
1ST S^pra. note 424 at p. 22.

Th is ia already prohibited in many States by statute. 0(30o78
189 o



190

'm >
persons from death or serious injury. In such cases, it 
is immaterial whether the attacker has committed a seri­
ous felony, a misdemeanor, or any crime at all.

6. In order to enforce firearms use policies, department 
regulations should require a detailed written report on all 
discharges of firearms. All cases should be thoroughly 
invesdgated to determine whether the use of firearms 
was justified under the circumstances.

If all departments formulated firearms use policies 
which include the above principles and these policies 
were consistently enforced, many of the tragic incidents 
which had a direct bearing upon community reladons 
could have been avoided.

POLICE TACTICAL PROCEDURES

Police-community reladons are not affected by the 
acdons or conduct of individual officers alone. Often, 
departmental procedures which are intended to reduce 
crime, quell riots, or promote efficiency have a major 
effect on police-community reladons. For e.'cample, in 
order to reduce crime in a high-crime area, a police 
department may saturate it with substandaUy increased 
numbers of police officers or decide to use trained dogs 
and handlers. In order to make more efficient use of 
its penonnel, a police department may use motor rather 
than foot patrol or one-man rather than two-man motor 
patrols. I Such practices, although often far more efficient 
and economical, can somedmes antagonize the public or 
at least reduce the opportunity for friendly contacts 
which are the basis of good community reladons.

Motorized Patrols

The Nadon’s police forces are increasingly patrolling 
in cars rather than on foot because motor patrol is plainly 
more efficient—officers can cover many times more area 
in the same period of dme—and police officers have more 
to do. ”̂  The change to motor patrol can, ho v̂ever, 
significandy affect police-community reladons. The 
University of California study found that since officers 
on motor patrol in San Diego had such a heavy v̂orkload 
and were svithout portable police radios, they rarely left 
their automobiles to meet citizens in a nonenforcement 
situadon.*’” Similarly, a study of another western city 
which almost exclusively used motor patrol found that 
the officers had “little opportunity to build up an 
intimate familiarity, much less an idendficadon, %vith any 
neighborhood.”

On the other hand, an officer on foot has the oppor­
tunity to have informal and friendly exchanges with the 
people whom he quickly comes to know personally. The 
public can develop a greater understanding of the officer 
and his job. The officer similarly can learn the culture 
and opinions of the people in the area and can learn to 
appreciate them as individual human beings and not as a 
nameless part of a racial, religious, or ethnic group.'*”  
.As Professor Oscar Handlin has noted:

I think it is fair to say if one thinks of the large municipalities 
as a whole, the links between the police and the communal orga­
nizations have not been strengthened in the last quarter of a 
century and in some ways have been weakened. In an earlier 
period the policeman walking his beat at least had a certain 
familiarity with the institutions of his own immediate district. 
I’m not putting too much emphasis on that nor do I wish to 
romanticize that gallant figure; but nevertheless he knesv some­
thing about the actual people and the actual organizations in 
the district of the beat which he walked.

Similarly, the Commissioner of the London Metropoli­
tan Police S cud :*“

The policeman in a car, on a motorcycle, or absent from his 
beat becomes a cipher. * * ♦ fTlbe greatest safeguard of public 
relations, as well as the greatest preventive measure against 
crime, lies in making good deficiencies on the beat.

The recent Ro) !̂! Commission Report concluded 
that; '*'"

In spite of heavy and conflicting demands on their limited 
resources we regard it as most important that chief police officers 
should bear in mind the need to allocate an adequate number 
of men to beat duties, where they will be in touch with the public.

The question then is: Can the need for greater efficiency be 
coupled with sufficient informal contact to improve police- 
community relations?

There arc several possible patrol techniques and netv 
personnel assignments which can accomplish both the 
objective of greater efficiency and substandal informal 
contact. First, foot patrolmen or community service 
officers should probably remain in high-crime, high- 
tension areas where the streets are usually crowded. Sec­
ond, patrolmen in other areas could ride motor scooters 
which permit easier contact with residents.'**’’ Third, 
patrolmen either on scooters or in automobiles could 
park their vehicles at one end of a block (or rivo) and 
then walk around it. If they have portable police radios, 
they could still be summoned immediately to proceed to 
the scene of an emergency.*'’" Altemadvely, as in Phila­
delphia, a two-man car can be used with one partner 
walking a beat with a portable radio to communicate 
with the man in the car.*” Thus, motor patrolmen are 
in effect considered as foot patrolmen using cars to in­
crease their mobility. Fourth, informal citizen contacts 
by patrol officers using tradidonal motor patrol methods 
can be increased by having them work, along with pre­
cinct community reladons officers, with community or­
ganizations.

One-Man Patrols

Police departments arc increasingly changing from two- 
man to one-man motor patrols,*’* Again, this allows 
scarce penonnel to cover more area at less cost.

The one-man patrol in itself has no major effect on 
police-community relations unless it leads to changes in 
other police procedures. It has been suggested that an

m

C o««rQ m eaui R««««reh ‘* O s• '^ ran  PoHc» P*<xol C*x O p«r*tioo ,’*
and 0 .  V. Wila<yj, “ P u t ih« Cop Back on th #  Beat,** both  ap p earin c  in S am uti 
C . Chapm an, r " P o n c e  P a tro l R ead ln fa"  (S p rin x f ir ld : Chaxlaa C. Thom aa, 
1 9 « 4 } .p p . 129 ,d  97.

S u p ra , ac  e 21 a t vol. T. pp . l U .  161-162.
S u p ra , a t p . 27.
O fcar K in d lin . "C o m m n n itf  O ritaaiaatioa aa a S olu tion  to  P o iiee-C om m unitr 

P ro b le m t."  *h« Police  Chi*/, M arch 1965. p . 22.
S u p ra , no te  IS a t p . 106.
Ib id .
T he p.>llee o4 Naw York C t r .  .New R ochelle, W a ah ie jto n . D .C .. .North Bercee. 

N .J .,  and N ev p o rt, R .I ., reported  to the  Commiaaion th at they  were czpcrim en tiap

with th e  uae o i m e te r  acootcra in co n ju n c tio n  with p rofram a to  p r e t id e  traaa- 
p o rta iioo  for tnen form erly aaait^ed  to foot p a tro l.

^  O. V .  W iU on, " P u t  th o  Cop Back on th e  Beat,** and Thom aa i .  Ro^er*. 
"R e r ie w  o( F oot P a tro l in Chicafo,** bo th  a p p e a rin f  in  Sam uel C . C hapm an. ed „  
‘*Police P a tro l R ea d in |^ ’* (S p rio fS e ld :  C harlee C. Thom aa, 1964), pp . 97-101: 
105*110. Alao. police in New York C itf ,  O akland, Berkeley, Kalamaxoo, and Mr* 
rid en . Conn*, have been equ ipped  with p o rtab le  police rad ioa, Thia c o n rrp t  ia 
diacuaaed in  de ta il in ch . 3.

S u p ra , no te  21 a t  v e l. I I, p . 190; and N orm an L , Clowere. * '0 n a  and  One* 
H alf Man C a n ."  P o lice , M areh«ApHl 1960. tp p e a r in c  in S am uel C . Chapm an, 
r d ..  **Poiice P a tro l R eadinfs '*  (S p r ia fd c ld :  C harlea C , Thom aa, 1964), p p . 102-105.

S u p ra , n o te  429 a t  pp . 12^130 .

189j 00()57:)