Do police agencies need edged weapons training as part of their liability protection? The answer is yes, absolutely. But clearly this issue is ignored and overlooked — or never identified within departments.
Do cops need edged weapons defense training? Again, the answer is absolutely yes. A large percentage of the general population now carries knives and we all know that every bad guy carries a knife. It must be in their contract. You can safely assume that every time you stop somebody, there’s going to be a knife somewhere close by — in the car, in the pocket or in the purse.
Do cops need safety training in the use of knives in both emergency situations and daily utility use? Okay, this is getting redundant —yes, absolutely, again — both for political reasons (liability coverage) and practical reasons (safe use around themselves and others).
Do cops need training that will be defensible in court? Are you seeing a trend here? Yes, you must have training that will withstand the scrutiny of a good defense lawyer. (Is that an oxymoron?) Reputation, credentials and track records become paramount in a court.
Do you need a policy in force that gives you official documentation regarding the rules and regulations of what is allowed for carry and how and when to use it? You guessed it, absolutely yes. If an officer injures someone even accidentally with a knife, you’ll need a bulletproof policy for your defense.
What about an “issued” knife or a list of “approved” knives? Do we need an official knife that is defensible in court? Any guesses? And the answer is — yes, absolutely. You need to have a knife that’s officially sanctioned, approved for safety and performance criteria that doesn’t have a “weaponized” appearance.
The Right Decisions
Every agency is faced with this dilemma. Cops carry knives of some sort on duty. Most departments don’t have a policy or requirements for what is carried and do not provide training in safe use or safety protocol. This is a liability. If an officer uses a knife in an emergency rescue and accidentally cuts or even nicks a victim, you know one of “those” lawyers is going to take the opportunity to the bank — and fast. Just as you have extensive training and policy for the use of a firearm, you should have at least some liability protection in place for the use of knives.
The likelihood of cops encountering an attack with an edged weapon is higher than ever. However, there’s a fundamental flaw in the way the few edged weapons programs out there are taught. We’ve established that we need defensive edged weapons training. Here’s a curve ball: Do you need to learn to fight with a knife? The answer is no. Most programs, however well intended, have cops training in pairs — waving their training knives at each other as if they were attacking.
Ninja Warriors — Not
What are useable skills and what are impossible skills? Some programs try to teach drawing the weapon (knife/gun) in the middle of an attack, thereby giving you the option to counterattack. This is typical of martial arts based training. When applied to police work, this principle and mindset are flawed for several reasons.
Training based on reality dictates that the officer must be able to defend with bare hands. First, be able to defend yourself against a potentially mortal wound before gaining the opportunity and/or distance necessary to access your weapon. This is just the reality of how typical attacks actually take place. They come as sneak attacks or surprises. Therefore, just as it’s called defensive tactics, any training program geared toward officer survival should be weighted to about 70 to 80 percent of time spent on empty-handed defense against an armed attack. I know everyone wants to “learn how to use a knife” and it may be fun to play, but if safety is truly the goal, then defense must be the primary training mode. Unfortunately, most martial arts-based training is designed to attract and keep students and as a result, they teach edged weapons from an offensive premise because that’s what students want.
Additionally, should any edged weapons training program be scrutinized in court, you don’t want offensive tactics being taught or brought up and demonstrated, especially in front of a jury.
Training And The Continuum
Any training program should include safety training and protocol. This starts with something as basic as “Never point the knife at anything you don’t want to cut” (sound familiar to you firearms guys?), to how to use the knife to cut away a trouser or boot in an emergency situation. The safety protocol must include all of the same or similar (as applicable) rules you apply to a firearm. You must cover the proper way to hold and handle a knife, how to use the knife safely in close proximity to the victim in an emergency and of course, use of the knife within the parameters of the force continuum and escalation of force policies. This training is absolutely essential when faced with a courtroom situation.
Your training must stand up to the scrutiny of the courtroom environment. It rests upon your due diligence in choosing the course, the instructors, the wording of your policies, and your ability to disseminate the training and policies throughout your agency.
Choose Wisely
In choosing a training program, go with an organization with a proven track record for working within the system and a familiarity with customizing training to meet the specific needs of the law enforcement community. Credentials are everything. Picking the local kung fu expert to give defensive tactics training with regards to knives will just not cut it in the courtroom, especially in front of a sharp defense attorney. (Note the cute knife references.)
Your agency should create the documentation necessary to give “boilerplate” coverage for all possible scenarios. This is where the attorneys and administrators get together and “head shed” all of the scenarios you’re likely to encounter. It may require some time and effort on their part but fortunately there are now several police agencies that have implemented these policies, and they are more than willing to share their documents to be used as a modifiable base model to suit your particular needs.
Standards
It’s imperative agencies standardize and issue knives. The old attitude of “carry whatever you want” will absolutely be destroyed in court. In order to provide proper liability coverage, your agency should follow these guidelines: Foremost, the knife must be able to do the tasks required by the officer and the job. The knife should pass the basic safety requirements for any gear issued by your department. Pick a brand or company with a proven track record for your environment. Issuing a standard knife will ensure that, under the microscope, your department will have shown due diligence and the effort to provide proper equipment, and therefore safety, to both officers and the general public.
The knife you choose to issue must have the appearance and function of a safety tool when presented as evidence in a court.
The issue knife shouldn’t look like a weapon or present itself before a jury as having an offensive nature or appearance. There are a number of models available with a definite “rescue-tool” flavor and appearance, and you should always think in terms of, “How will this knife look in front of 12 little old ladies?” Even the name becomes an important factor in this case. The bottom line though, is the knife still has to be able to do the job, especially in a potential life or death emergency. |