SOLD OUT: Authorized Use of Deadly Force by Peace Officers

POST Approved

In 1978, Minnesota codified statute Minn. Stat. § 609.066—Authorized Use of Deadly Force by Peace Officers. For over forty years, the statute saw little change through legislative amendments and applicable case law. However, recently, the evolution of criminal charges against police officers has changed. In 2016, Jeronimo Yanez was charged with Second Degree Manslaughter. In 2017, Mohammed Noor was charged with murder and manslaughter for unauthorized use of deadly force. In 2020, the arrest and prosecution of Derek Chauvin brought national and local discussion on use of force and police reform. In late December 2021, Kim Potter was convicted of manslaughter in the first and second degrees, bringing about a discussion on culpable negligence and criminal culpability for mistakes. At the center of the discussions surrounding these incidents was Minn. Stat. § 609.066, including the amendment to the four-decade statute that placed new requirements on peace officers. What are those new requirements? How has case law evolved regarding the authorized use of deadly force in Minnesota? As a peace officer, what expectations exist under the new law for you when faced with a situation where deadly force may be used?

This six-part course will examine the use of force in Minnesota from a multi-faceted lens, including the historical vantage point, recent case law and a statutory examination of the recent amendment. The instructor’s approach includes a legal analysis on crimes that could be charged, along with hypotheticals to engage the audience. Although this class is not meant to equip law enforcement with a final answer for every scenario, it will provide peace officers with how authorized use of deadly force is used by prosecutors and judges in determining if criminal charges may be appropriate. This course will bring a unique perspective from a former defense attorney and prosecutor who has both prosecuted and defended Murder in the Second Degree, Murder in the Third Degree and Manslaughter cases, and present-day police sergeants who have trained police officers with regard to use of force/combative training.

• Participants will learn through empirical examples on authorized use of deadly force in Minnesota since 1978;

• Participants will gain an understanding of criminal penalties available to prosecutors on cases with unauthorized use of deadly force include examining Minn. Stat. §609.06, §629.32, §629.33 and §609.066;

• Participants will study the recent changes to Minn. Stat. §609.066;

• Participants will discuss hypotheticals involving authorized and unauthorized use of deadly force which will include duty of intercede, dealing with individuals who has physical or mental health issues, de-escalation tactics, and less than lethal force used;

• Participants will discuss how neuroscience applies to law enforcement training, and how law enforcement agencies can improve in their training protocols; and

• Participants will hear from a member in law enforcement who has been involved in the criminal incident involving death and learn from his unique perspective.

The following timeline provides a breakdown of the overall course, and includes information regarding the major units of instruction during each time period.

The Historical Framework of Authorized Use of Force in Minnesota

Duration: 1 Hour

Recent Case Law and the Impact on Use of Force

Duration: 1 Hour

Deep Dive Into Minn. Stat. § 609.066

Duration: 2 Hours

Policing for Best Outcomes in Policing

Duration: 30 Minutes

Applying Neuroscience to Law Enforcement Training

Duration: 1.5 Hours

Officer's Mindset Starts with Training

Duration: 1 Hour

Imran Ali is an attorney and the Director of Law Enforcement Education and Training for Eckberg Lammers. After serving over seventeen years as a felony-level prosecutor in the state of Minnesota, his extensive experience is recognized both in the courtroom and community. Imran has prosecuted some of the most complex cases in Minnesota. Working with victims of crime has provided Imran with the passion needed to succeed in the courtroom. He has developed law enforcement training programs that employ participates to serve their communities with honor and integrity while being equipped with the appropriate tools in decision-making. Imran has presented at prosecution and law enforcement conferences nationwide.

Sergeant Max Yakovlev has worked for the Burnsville Police Department for the past 23 years - the last ten as a Sergeant. In his time with Burnsville, Max has been assigned to patrol operations, gang and criminal investigations, general investigation, Glock Armor, field training officer, use of force/ fire arms instructor, SWAT as a tactical officer and supervisor, patrol shift Supervisor and is currently assigned to Behavioral Health Unit Sergeant. Max has extensive experience in all areas of police operations and was lead use of force instructor for Rasmussen College’s Use of Force Skills training program for ten years. He is a certified instructor in: Force science institute basic certification, Tactical Operations, handgun & patrol rifle, Ballistic Shield operations and Deployment, Use of Force instructor, Combatives and Ground Fighting, Taser, ASP Baton, ASR (Aerosol Subject Restraint), Weapons Retention, Reality Based Scenario, Vascular Neck Restraint, LOCKUP and Revolution Ground Combative system (level 1.). In addition, Max holds a rank of a black belt at ‘Alliance Jiu-Jitsu Minnesota’ under Brazilian Jiu-jitsu black belt Damian Hirtz. Max holds a Master’s degree in Law Enforcement Leadership from Concordia University, St. Paul and one class away from graduating from National Tactical Officers Association Command College Level 3.

Sergeant Cullan McHarg has been an active police officer since 2002 with the Bloomington Police Department in Minnesota. As a patrol officer and lifelong martial artist, he learned the vast difference between sport fighting and law enforcement specific street confrontations, early in his police career. Based on this awareness, he immersed himself into trade specific training by attending seminars, schools, and instructor level courses that specifically focused on combative street encounters, as they apply to law enforcement. In addition to his on-going tactical training, Cullan is black belt in Brazilian jiu-jitsu with experience in muay thai kickboxing, judo, western boxing and Filipino kali. Cullan has extensive experience in investigations, working primarily narcotics and gang cases. He spent eight years working special investigations before transferring to the property crimes division, where his primary focus shifted to burglary and arson cases. Cullan has nearly two decades of professional teaching experience in law enforcement with respect to use of force/combatives, drug interdiction and gang intelligence. Based on his experience and commitment to training, Cullan is the current training Sergeant for his department. He has also developed a variety of programs for law enforcement and the private sector, with regards to use of force/combatives and criminal interdiction. He is a certified Force Science Analyst and the founder of Midwest Tactical Systems LLC.

LAW ENFORCEMENT TRAINING ACADEMY & CONSULTING

This course is offered and conducted by Eckberg Lammers' Law Enforcement Training Academy & Consulting team of experienced trainers and consultants.