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August 01, 2005
OpTac International/Operational Tactics Bulletin: Tactical Team Response
Situational discussions are critical to the successful performance of a tactical team on an emergency response operation. Tactical teams should include these discussions, as well as tabletop exercises in their training curriculums. This is the first topic in the OpTac International Discussion Series and is provided to stimulate thought, not dictate mandatory actions. It is designed to create open discussions among administrators, commanders, and team members to ensure a cohesive and appropriate response.
Discussion Topic
Situation
Your tactical team is activated for a critical incident at a local bank. You are the Tactical Commander or highest ranking member of the team to arrive at the bank. Upon your immediate arrival, the on-scene patrol supervisor advises that a multiple hostage/multiple suspect armed robbery is occurring. One of the suspects calls your dispatch center and states that in 60-seconds, he is coming out of the bank through the front door with a hostage. He says he will kill the hostage unless all police personnel leave the area.
Except for one sniper that has just arrived, the rest of your tactical team is still enroute to the bank. The sniper runs to a position covering the front door and is able to take a shot to save the hostage. You advise all police personnel to take immediate positions of cover and concealment. No other team members are present when the suspect exits the bank holding a gun to the hostage's head. His finger is on the trigger when he orders the hostage to kneel in front of him.
Discussion Questions
1. Do you order the sniper not to take the shot under the belief that the remaining hostages' lives take precedence over one life?
2. Do you authorize the sniper to take the shot potentially risking the lives of other hostages inside the bank?
3. Does the sniper need permission to take the shot?
4. Should the sniper disobey an order not to shoot under these circumstances?
Discussion
1. Do you order the sniper not to take the shot under the belief that the remaining hostages' lives take precedence over one life?
A sniper initiated entry would be the preferred option, but the entry team is just arriving when the suspect and hostage come out of the bank. If the sniper does not shoot, the hostage will probably be executed. If the sniper is authorized to shoot the suspect, the remaining hostages inside the bank may now be in even greater danger. There are many teams that operate under the principal - the good of the many out-weigh the good of the few.
If your decision is not to allow the sniper to shoot the suspect, would it change if one of your children or a loved one was the hostage about to be executed? Most people not initially granting authorization would now change the order and authorize a shot. A moral and ethical dilemma is then created. While there is no legal obligation to employ deadly force in this situation [See Braswell v. Braswell, 330 N.C. 363, 410 S.E.2d 897 (1991)], deadly force would now be authorized due to a prior personal relationship with the hostage.
2. Do you authorize the sniper to take the shot potentially risking the lives of other hostages inside the bank?
We have an obligation to save one life if we can. Negotiations can still continue and the opportunity for entry may be available, as soon as the remaining members of the entry team are equipped and briefed. Under the above circumstances, the likelihood that the suspects surrender is actually greater once a cohort is killed. Understanding the nature of a critical incident is essential to the planning and execution process. Suspects rob banks for money, not to take hostages. Hostages are generally taken because the suspects become trapped inside. They are then used as bargaining tools in negotiations.
This is not true for terrorist incidents, such as the Good Guys electronics store hostage-taking, in California. Actual terrorist incidents are violent acts designed to promote a particular terrorist group's political agenda. The stated response of shooting the suspect to save one hostage may still be the preferable option, due to a high probability that all hostages will be killed. The only difference is that entry should generally (the decision to enter at a specific time must be made with the facts and circumstances known to the Tactical Commander at the incident) be made as soon as possible, since the terrorists are not likely to surrender.
3. Does the sniper need permission to take the shot?
If your department's deadly force policy states that an officer may employ deadly force to save a life that is in imminent danger of death or serious bodily injury, then the sniper should NOT need permission to shoot the suspect coming out of the bank. However, the sniper should attempt to communicate the situation with the Command Post. If the entry team is prepared, the sniper shot should be coordinated with an immediate entry. Snipers are highly trained tactical team members and should be allowed the same opportunity to save a life that a rookie officer possesses on patrol.
4. Should the sniper disobey an order not to shoot under these circumstances?
The above situation occurred in New York, several years ago. The sniper was told not to shoot the suspect. At the 30 minute deadline provided by the suspect, the suspect came out of the bank and executed the hostage. He then returned inside the bank. A new deadline was provided and the suspect came out with another hostage. The sniper was still instructed not to shoot. The sniper disobeyed the instruction and killed the suspect, saving the hostage's life. Investigation revealed that there was only one suspect (not multiple suspects as believed by previous intelligence) and he wanted to be killed by the police to avoid returning to prison.
We do not teach snipers to disobey orders. Hopefully, this Discussion Series will help educate personnel regarding appropriate actions if faced with similar circumstances. Each law enforcement officer must make an individual decision whether or not to employ deadly force under the circumstances presented at the time. Decisions made in hindsight are always more accurate than ones requiring an immediate response.
To submit a topic for discussion or to comment on this discussion topic, please email: info@optacinternational.com. We welcome your response. The current OpTac International/Operational Tactics 2005-2006 Training Schedule is listed below. Our Tactical Command Conference will be held August 31-September 2, 2005, in Gaithersburg, Maryland. To register, visit the Command Conference section at www.optacinternational.com/tacticalcommand.html. New training courses offered include:
Hagerstown, Maryland, Advanced Tactical Command Program - November 2-4, 2005
Hagerstown, Maryland, Police Sniper School - November 14-18, 2005
We look forward to the opportunity to enhance your life-saving capabilities. Excellence through superior preparation.
OpTac International, Inc.
Post Office Box 4111
Hagerstown, Maryland 21741
Telephone: 443.61.OPTAC(67822)
www.optacinternational.com
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