Policing and Critical Incident Teams

Abstract

Abstract Police calls for service occasionally require the police to resolve high‐threat or special‐threat situations such as barricaded suspects, hostage situations, drug raids, or warrant services. The need for police special weapons and tactics (SWAT) teams to use special weapons and force tactics to handle these dangerous police callouts has become popular among American law enforcement agencies. This article discusses some common legal risks associated with deploying SWAT teams to handle particular police calls for service. The adequacy of a SWAT team and its training in particular uses of special weapons and tactics may give rise to a legal action when the team fails to train in the proper use of issued equipment and use of force tactics. When a SWAT team uses force, its choices must be “objectively reasonable.” In cases of alleged use of excessive force, criminal and civil liability can attach itself in the form of a team's wrongful actions under Titles 18 and 42 of the US Code, respectively. There are legal risks surrounding the intervention of a SWAT team to control and overcome hostage takers where the main concern is the protection of human life and the avoidance of hostage and bystander injuries. As when there is a need to determine “reasonableness” in other police use of force litigation, forensic experts, experienced law enforcement officers with leadership and experience credentials, are often needed to provide opinion testimony.