Display of Force vs. Use of Force

I have a question regarding the difference between "Use of Deadly Force" vs. "Display of Deadly Force". Thanks to research, common sense, and helpful answers from this forum, I'm pretty clear on where the boundaries of "When to Use Force" sit. However, I'm wondering where to draw the distinction between displaying deadly force to a potentially violent or evasive skip in an effort to intimidate and encourage negotiation.

The reason I ask this, for example, is that in the pedestrian world, pointing a gun at someone can be considered assault with a deadly weapon, whether you actually intended on firing it or not. I realize this is not always the case but the potential for it is ever present under those circumstances.

So are the rules different for Recovery Agents?

I'm gonna give a somewhat over-the-top (and goofy) sounding example, but I think it puts the question into simpler terms:

If your team is after a member of a violent gang, and even though you've done your recon, you know that this is not the safest situation, so you'd prefer to get in and out quickly and encounter minimal resistance. So the question is... should you roll in with black masks, tactical helmets, body armor, shotguns, with every team member behind cover with their weapons trained on the apprehendee, shouting at them get on the ground with their hands behind their head etc.? Is that displaying force, or is that using force (unnecessarily, by legal standards)? Is that falsely representing law enforcement in some way? Is it bad for business? Is it just plain stupid? Etc.

That example is exaggerated, like I said. I assume obviously it's not a good idea to make a habbit of jamming guns into people's faces, but this is purely hypothetically speaking, regarding a high risk apprehension.

Thanks to anyone willing to take on this newbie question.

I am sure you will get quite a few responses.

In your scenario I would prefer to wait and see for 100% proof positive that the skip is inside. If indeed that he is I would ask Law Enforcement to participate and possibly take the lead on such a high risk takedown. If that is not possible I would probably wait until the skip exited the premises where I could control the surroundings better than in a place that is his domain. Would I use masks etc looking like a SWAT outfit? Hell no I do not work that way. Would I apporach with weapons drawn? Yelling to get on the ground etc.? In your scenario you bet I would, with all team members surrounding him in a SHOW of force. Is this unnecessary by legal standards? Who are you kidding... it is absoultly necessary for the saftey of everyone involved. By showing this force in your scenario it immediatlely shows the skip that he has no way out and we are prepared to handle whatever decision he chooses to make.

And I will tell you now not anyone that I know of on this forum ever pretends to be Law Enforcement. We all respect Law Enforcement and in every case possible try and have them involved with us when we go to work.

I agree with Hounddog. Either get LE to take the lead or maintain surveillance until subject is in another location where you can control the environment.

I too have to agree with Hound.
Here is my take on this.
1. In order to get any assistance yo uhave to have a warrant otherwise the police will do nothing to assist you. So if you are just picking someone up to surrender them due to breach, you will be on your own.
2. NEVER impersonate LE. You are not and you can get yourself in some deep trouble. You are given authority by federal court to arrest this person if you have a warrant but that does not make you LE. Some feel that this makes them an officer of the court and they even teach that here in Louisiana but I am still not 100% on this.
3. If you draw your weapon, are you sure you have what it takes to use it? A lot of people are killed due to the fact that they hesitated when they drew a weapon. Never draw a weapon unless you fully intend to use it.
Never carry a weapon that you are not properly trained and certified to use.
4. Using your scenario, (not exagerrated either), I would probably enter the house with weapons drawn. You are not impersonating LE if you identify yourself correctly. Louisiana requires you state that you are fugitive recovery and you state who you are there to get and why. Do not say PD, SO or Marshals and you will be OK. DO not wear anything that says PD, SO or Marshal etc either.
Wear proper attire when you are entering a house.

Man I could go on all day with law and no-no's.
Use common sense and know the laws in the state you are operating in.
And if you will always call local LE you will cover your ass.

Good luck and feel free to PM me if you want more detailed info.

Dustin

_________________
Dustin Thompson
La. Lic. #309685
Louisiana Fugitive Task Force
318-393-5385
"What the hell was that?"

Thanks very much everyone, all the responses were helpful.

Also, just to clarify, I was asking about impersonating LE because it is something I wish to avoid doing by accident.

The discribed situation is a nightmare in the making for any bea--the need to get the skip(and get paid)vs. safety -we always go on the side of safety-as Bob said get LEO involved-wait for your skip to get mobile or even use a pretext to get him into the open--the black mask and heavy weapons will only make for a legal moral and ethical mess with you taking the blame for everything

If i had to get the skip out of that --I would plan a tactical raid with people i know and trust with a great knowledge of tactics and applications--again I WOULD NEVER EVEN THINK OF GETTING THAT MAN WITH OUT LEO INVOLVED--again i say very few beas have the tactical knowledge and experiance to handle this situation

I actually meant to follow-up on this and I am glad HGunner posted to remind me.
The use of black masks is Hollywood.
Going into a persons house with a mask on is just dumb.
You are not undercover so you do not have to worry about your cover being blown.
The only other reason to have a mask is because you are not in the legal right to be doing what you are doing and do not want to be identified.

Again use common sense and you can actually survive in this business.

Dustin

_________________
Dustin Thompson
La. Lic. #309685
Louisiana Fugitive Task Force
318-393-5385
"What the hell was that?"

That is not entirely correct. It is not illegal to hide your facial identity to prevent reprisals from the bad guys. I do not use masks but, some in this business do and that is up to them and whatever makes the comfortable. If I worked in gang banger streets to do my job I would hide my identity and it would be totally legal and, not trying to hide from the laws in which we operate.

I never said it was illegal.
I simply stated that if you are in someones house with a mask on, you are most likely not doing something legal.
By that I meant that you were (and this just happened here) either not at that persons residence and were not 100% sure of their presence in this dwelling or maybe you intended to do other illegal activities while on the premise.
I was not impying it to be illegal to cover your face.
Sorry if it was taken that way.

I do see what you are saying about being in the hood and protecting your identity, but let's face it, these guys all know who we are anyway, especially in these small towns in Louisiana and Arkansas.

Dustin

_________________
Dustin Thompson
La. Lic. #309685
Louisiana Fugitive Task Force
318-393-5385
"What the hell was that?"