April 2020 Blues Vol 36 No 4

Use of force to enforce
stay-at-home orders
Officer discretion, common sense and good judgment
are more important than ever in these difficult
times.
By Laura L. Scarry
Officers have dealt with deadly
first determine what their en-
out of concern and a sense of familiar with their agency’s use factors too numerous to list may
COVID-19 continues to impact
infectious disease outbreaks forcement expectations are re-
civic duty because the state has of force policy. They should also play a further role in officers’
our communities as governmental
and blood-borne pathogens garding the various orders being
issued orders banning gather-
be aware of their agency’s pol-
decisions to use force to enforce
entities struggle with con-
before, such as AIDS/HIV and implemented and communicate
ings of 10 or more people. One or icy regarding crowd control. stay-at-home orders.
taining the spread of the virus. Hepatitis A, that have impacted
those expectations to officers.
two officers respond and politely If the agency does not have a The fact that we are amid a
State and local governments
how they respond and deal Certain steps can be taken
ask the small crowd to disperse policy on crowd control, all the pandemic does not change the
are using their legislative and with individuals.
to help officers successfully
while reminding them of the more reason to have discussions requirements that officers follow
regulatory authority to enact
In general, these prior out-
advance the agency’s goals in
requirements of the stay-at-
surrounding various scenarios policy and use reasonable mea-
various orders that restrict breaks required officers to responding to these types of
home order. What if the crowd officers may be confronted with sures to gain compliance. Yet,
contact between individuals use gloves and other personal calls. For example, an agency’s
refuses to break up? What if an before such an incident unfolds. confronting an individual who
and maintain social distancing. protective equipment in dealing
policies regarding the use of
intoxicated individual threatens This includes examining how be-
may have COVID-19, or dispers-
The American vocabulary now
with individuals. Yet, none force, crowd control and deploy-
to breathe on officers unless havioral dynamics in a pandemic ing crowds to enforce stay-at-
encompasses phrases related to of these diseases changed the ment of unmanned aerial systems/drones
they leave? How does the agency scenario may differ from “typihome
orders, does not presum-
these orders such as lockdown, fundamental requirement that
should be reviewed.
expect its officers to respond? cal” protests involving political ably justify an escalated use of
shelter-in-place, stay at home, officers can only use the level While reviewing policies, administrators
What are the officers’ expecta-
or labor issues.
force. Officers need to consider
or safer at home.
of force reasonably necessary
and officers should
tions?
Undoubtedly, the use of force is their department policy and
The orders are as varied as the to control an individual. have frank discussions regarding
Of course, what happens next extremely complex to analyze in training, along with the agency’s
powers to enforce them. Some However, unlike prior outbreaks
scenarios they may confront
depends on the nature of the the heat of the moment particu-
expectations regarding pandem-
orders are criminally enforceable,
of infectious diseases, while enforcing stay-at-home
executive health and safety order. larly when the events are unceric-related
orders and calls. Even
while others are civilly COVID-19 has spawned a slew orders. These discussions should
For orders that include the power tain, tense and rapidly evolving. so, officer discretion, common
enforceable, and some lack any of executive orders from our involve the agency’s trainers,
to arrest (which naturally carries Officers may find themselves in sense and good judgment are
enforcement component. Ultimately,
federal and state governments particularly on the use of force.
with it the ability to use force to circumstances that were uncom-
more important than ever in
the decision to respond requiring Americans to stay at It may seem like such a silly or
engage the arrest), some agenmon
or unfamiliar to them be-
these difficult times.
and enforce these orders, as is home. Does this fact change basic enterprise, but one that is
cies are requiring officers to first fore the COVID-19 outbreak. For
often the case, falls on law enforcementmental
how officers enforce govern-
necessary to ensure everyone
issue verbal warnings to the example, in enforcing stay-at-
health and safety direc-
is on the same page especially
crowd to disperse. Officers are home orders, officers more likely About the author
COVID-19 DOES NOT CHANGE tives related to the containment when an officer’s concern for
instructed that if the warnings will confront individuals who Laura L. Scarry is a partner in
USE OF FORCE REQUIREMENTS of COVID-19? The short answer their personal or family’s safety
are unsuccessful, they can issue outnumber officers. Tensions the law firm of DeAno & Scarry
While we may be at war with a is no.
is founded on dealing with an
citations and/or arrest individuals
may be high when individuals located in Chicago and serves
virus, we certainly are not at war COMMUNICATE EXPECTATIONS invisible danger whose impact
violating these orders. How-
who simply want to avoid “cabin Lexipol as an attorney. She rep-
with our citizenry. The infectious AND POLICIES
may not be known for days.
ever, in the event responding fever” are asked to disperse. Officers
resents law enforcement officials
nature of COVID-19 does not To ensure police officers Take the following example: a
officers are required to use some
may be wearing personal against claims of civil rights
change the requirements regarding
appropriately enforce stay-at-
large group of neighbors over-
amount of force to disperse a protective equipment that hin-
violations in state and federal
the use of force and crowd home orders without the use of come by cabin fever gather to
crowd, how much force is readers
their ability to maneuver as courts. Scarry was a police offi-
control in implementing these unreasonable force, law enforcement
talk and drink in one person’s
sonable?
they once did without wearing cer with the Lake Forest (Illinois)
orders.
administrators must backyard. A neighbor calls 911
To be sure, officers must be such equipment. Other unusual Police Department from 1986-1992.
32 The BLUES POLICE MAGAZINE The BLUES POLICE MAGAZINE 33