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409 - Hostage and Barricade Incidents

409.1 PURPOSE AND SCOPE

The purpose of this policy is to provide guidelines for situations where deputies have legal cause to contact, detain or arrest a person, and the person refuses to submit to the lawful requests of the deputies by remaining in a structure or vehicle and/or by taking a hostage. The scope of this policy is not intended to address all variables that deputies encounter during their initial response or when a hostage or barricade situation has developed. This policy does not require or purport to recommend specific strategies or tactics for resolution as each incident is a dynamic and rapidly evolving event.

409.1.1 DEFINITIONS

Definitions related to this policy include:

Barricade situation — An incident where a person maintains a position of cover or concealment and ignores or resists law enforcement personnel, and it is reasonable to believe the subject is armed with a dangerous or deadly weapon.

Hostage situation — An incident where it is reasonable to believe a person is:

  • Unlawfully held by a hostage-taker as security so that specified terms or conditions will be met.
  • Unlawfully held against his/her will under threat or actual use of force.

Special Relationship — A special relationship, between a member of the HCSD and the public, is created when either of the following occurs:

  • A Deputy makes a representation (express or implied) that is detrimentally relied upon and causes a foreseeable harm.
  • A Deputy engages in an affirmative act that increases the foreseeable risk of harm to an individual.

409.2 POLICY

It is the policy of the Hartwell County Sheriff’s Department to address hostage and barricade situations with due regard for the preservation of life and balancing the risk of injury, while obtaining the safe release of hostages, apprehending offenders and securing available evidence.

The HCSD recognizes and understands not all suicidal subjects are considered barricaded or require immediate police action. There is a distinction between an armed barricaded suspect wanted for a crime, and a barricaded subject who has not committed a crime and only expressed the desire to commit suicide. It is not a criminal act to express the desire or even attempt to commit suicide and suicidal or mentally ill persons are afforded the same level of legal protection as everyone else.

409.3 COMMUNICATION

When circumstances permit, initial responding deputies should try to establish and maintain lines of communication with a barricaded person or hostage-taker. Deputies should attempt to identify any additional subjects, inquire about victims and injuries, seek the release of hostages, gather intelligence information, identify time-sensitive demands or conditions and obtain the suspect's surrender.

When dealing with involved family members, Deputies should avoid making any promises to family members or loved ones that would suggest a special relationship has been created. Deputies should attempt to establish what the concerned parties' expectations of on-scene law enforcement personnel are.

When available, office-authorized negotiators should respond to the scene as soon as practicable and assume communication responsibilities. Negotiators are permitted to exercise flexibility in each situation based upon their training, the circumstances presented, suspect actions or demands and the available resources.

409.3.1 EMERGENCY COMMUNICATIONS

Only a deputy who has been designated by the District Attorney or Attorney General may use or authorize the use of an electronic amplifying or recording device to eavesdrop on or record, or both, oral communication in response to an emergency situation involving a hostage or the barricading of a location, and only when (Penal Code § 633.8(b)):

  • The deputy reasonably determines an emergency situation exists that involves the immediate danger of death or serious physical injury to any person within the meaning of 18 USC § 2518(7)(a)(i),
  • The deputy reasonably determines that the emergency situation requires that eavesdropping on oral communication occur immediately, and
  • There are grounds upon which an order could be obtained pursuant to 18 USC § 2516(2).
  • An application for an order approving the eavesdropping and complying with the requirements of Penal Code § 629.50 is made within 48 hours of the beginning of the eavesdropping.
  • The contents of any oral communications overheard are recorded on tape or other comparable device.

This section of the policy does not affect the legality of Deputies obtaining a SEARCH WARRANT to authorize the use of an electronic amplifying or recording device to eavesdrop on or record, or both, oral communications at the scene of a hostage situation or barricade situation

409.4 FIRST RESPONDER CONSIDERATIONS

First responding deputies should promptly and carefully evaluate all available information to determine whether an incident involves, or may later develop into, a hostage or barricade situation.

The first responding deputy should immediately request a supervisor's response as soon as it is determined that a hostage or barricade situation exists. The first responding deputy shall assume the duties of the supervisor until relieved by a supervisor or a more qualified responder. The deputy shall continually evaluate the situation, including the level of risk to deputies, to the persons involved and to bystanders, and the resources currently available. The handling deputy should brief the arriving supervisor of the incident, including information about suspects and victims, the extent of any injuries, additional resources or equipment that may be needed, and current perimeters and evacuation areas.

First responders and/or supervisors may choose to strategically disengage from a barricade situation, when it is determined the primary concern is self harm, and the subject has not committed a serious offense, or created an imminent deadly threat to the public.

409.4.1 BARRICADE SITUATION

Unless circumstances require otherwise, deputies handling a barricade situation should attempt to avoid a forceful confrontation in favor of stabilizing the incident by establishing and maintaining lines of communication while awaiting the arrival of specialized personnel and trained negotiators. During the interim the following options, while not all-inclusive or in any particular order, should be considered:

  • Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance.
  • Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving.
  • Request additional personnel, resources and equipment as needed (e.g., canine team, air support).
  • Provide responding emergency personnel with a safe arrival route to the location.
  • Evacuate uninjured persons in the immediate threat area if it is reasonably safe to do so.
  • Attempt or obtain a line of communication and gather as much information on the subject as possible, including weapons, other involved parties, additional hazards or injuries.
  • Establish an inner and outer perimeter as circumstances require and resources permit to prevent unauthorized access.
  • Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information.
  • Determine the need for and notify the appropriate persons within and outside the Office, such as command officers and the Public Information Officer (PIO).
  • If necessary and available, establish a tactical or exclusive radio frequency for the incident.
  • Establish a command post.

409.4.2 HOSTAGE SITUATION

Deputies presented with a hostage situation should attempt to avoid a forceful confrontation in favor of controlling the incident in anticipation of the arrival of specialized personnel and trained hostage negotiators. However, it is understood that hostage situations are dynamic and can require that deputies react quickly to developing or changing threats. The following options, while not all-inclusive or in any particular order, should be considered:

  • Ensure injured persons are evacuated from the immediate threat area if it is reasonably safe to do so. Request medical assistance.
  • Assign personnel to a contact team to control the subject should he/she attempt to exit the building, structure or vehicle, and attack, use deadly force, attempt to escape or surrender prior to additional resources arriving.
  • Establish a rapid response team in the event it becomes necessary to rapidly enter a building, structure or vehicle, such as when the suspect is using deadly force against any hostages (see the Rapid Response and Deployment Policy).
  • Assist hostages or potential hostages to escape if it is reasonably safe to do so.

Hostages should be kept separated if practicable pending further interview.

  • Request additional personnel, resources and equipment as needed (e.g., canine team, air support).
  • Provide responding emergency personnel with a safe arrival route to the location.
  • Evacuate uninjured persons in the immediate threat area if it is reasonably safe to do so.
  • Coordinate pursuit or surveillance vehicles and control of travel routes.
  • Attempt to obtain a line of communication and gather as much information about the suspect as possible, including any weapons, victims and their injuries, additional hazards, other involved parties and any other relevant intelligence information.
  • Establish an inner and outer perimeter as resources and circumstances permit to prevent unauthorized access.
  • Evacuate bystanders, residents and businesses within the inner and then outer perimeter as appropriate. Check for injuries, the presence of other involved subjects, witnesses, evidence or additional information.
  • Determine the need for and notify the appropriate persons within and outside the Office, such as command officers and the PIO.
  • If necessary and available, establish a tactical or exclusive radio frequency for the incident.

409.5 SUPERVISOR RESPONSIBILITIES

Upon being notified that a hostage or barricade situation exists, the supervisor should immediately respond to the scene, assess the risk level of the situation, establish a proper chain of command and assume the role of Incident Commander until properly relieved. This includes requesting a Crisis Response Unit (CRU) response if appropriate and apprising the CRU Commander of the circumstances. In addition, the following options should be considered:

  • Ensure injured persons are evacuated and treated by medical personnel.
  • Ensure the completion of necessary first responder responsibilities or assignments.
  • Request crisis negotiators, specialized units, additional personnel, resources or equipment as appropriate.
  • Establish a command post location as resources and circumstances permit.
  • Designate assistants who can help with intelligence information and documentation of the incident.
  • If it is practicable to do so, arrange for video documentation of the operation.
  • Consider contacting utility and communication providers to restrict such services (e.g., restricting electric power, gas, telephone service).
  1. When considering restricting communication services, a supervisor should make the determination that there is reason to believe an emergency situation exists involving immediate danger of death or great bodily harm and that an interruption to communication services is necessary to protect public safety (Penal Code § 11471). The supervisor must ensure the Office obtains a court order, in accordance with Penal Code § 11472, prior to requesting the interruption. In the case of an extreme emergency when there is insufficient time to obtain an order prior to the request, application for the order must be submitted within six hours after initiating the interruption. If six hours is not possible, then the application for the court order shall be made at the first reasonably available opportunity, but no later than 24 hours in accordance with Penal Code § 11475.
  • Ensure adequate law enforcement coverage for the remainder of the County during the incident. The supervisor should direct non-essential personnel away from the scene unless they have been summoned by the supervisor or Dispatch.
  • Identify a media staging area outside the outer perimeter and have the office Public Information Officer or a designated temporary media representative provide media access in accordance with the Media Relations Policy.
  • Identify the need for mutual aid and the transition or relief of personnel for incidents of extended duration.
  • Debrief personnel and review documentation as appropriate.

409.6 CRU RESPONSIBILITIES

The Incident Commander will decide, with input from the CRU Commander, whether to deploy the CRU during a hostage or barricade situation. Once the Incident Commander authorizes deployment, the CRU Commander or the authorized designee will be responsible for the tactical portion of the operation. The Incident Commander shall continue supervision of the command post operation, outer perimeter security and evacuation, media access and support for the CRU.

The Incident Commander and the CRU Commander or the authorized designee shall maintain communications at all times.

409.6.1 OPTIONS TO STRATEGICALLY DISENGAGE FROM BARRICADED SUBJECTS

The actions of first responders will be weighed against the information known, governmental interest, subject's actions, and efforts to deescalate the situation. First responders may choose to strategically disengage to avoid resorting to force when it is determined the primary concern is self harm, and the subject has not committed a serious or violent crime, and the subject has not created an imminent deadly threat to the public. The decision to disengage should be based on the totality of circumstances, including supervisory approval, and (if available) consultation with a liaison from County Mental Health. In instances where the decision is made to strategically disengage, a liaison from County Mental Health should be notified when time allows, so follow up can be conducted. Additionally, a case number shall be taken to document the incident, and a disengagement/re-engagement plan should be considered.

409.7 REPORTING

Unless otherwise relieved by a supervisor or Incident Commander, the handling deputy at the scene is responsible for completion and/or coordination of incident reports.

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