Except when deadly force allowed by law
Law enforcement agencies across the state began the new year with an understanding that chokeholds are no longer allowed during an arrest except in situations where the use of deadly force is authorized.
Last summer, President Donald Trump issued an executive order prohibiting chokeholds in the wake of George Floyd’s death. Many law enforcement agencies across the country immediately updated their policies and procedures to reflect the chokehold ban. However, some departments gave officers six months to familiarize themselves with a new policy manual, which can be hundreds of pages long.
The N.C. Law Enforcement Accreditation sent notifications in November requiring member agencies to provide proof of compliance with the executive order. According to the state’s website, which was last updated Friday, the Murphy Police Department is in compliance with the former president’s directive.
The Andrews Police Department and Cherokee County Sheriff’s Office are not accredited by the NCLEA and, therefore, are not on the list of agencies in compliance or in the process of compliance with the executive order.
Chokes against procedure
“The use of chokeholds was always against our policy and procedure, except when the right to use deadly force applies,” Sheriff Derrick Palmer told the Cherokee Scout, while explaining that his office regularly updates its policies as needed.
Palmer also updated the policy and procedure manual for Andrews police during the six months he led the department in the wake of former chief Michael Hobgood’s resignation. However, the Andrews Board of Aldermen have not yet officially adopted the manual, largely because the town canceled its last meeting due to the COVID-19 pandemic.
“It basically mirrors the same policy that Murphy is using, with some tweaks,” Palmer said.
In prohibiting the use of chokeholds, except during situations where deadly force is allowed by law, Murphy police also limited the use of a carotid control hold to circumstances where deadly force is authorized. The sheriff’s office also limits the use of carotid holds.
“They look somewhat similar, but to the layperson they would almost look the same,” Murphy Chief Justin Jacobs said. “With a chokehold, you pull against the front of a person’s throat and windpipe. But with a carotid hold, you apply pressure on the side of a person’s neck, restricting blood flow to the brain, but they can still breathe.
“If you watch a UFC (Ultimate Fighting Championship) or MMA (mixed martial arts) fight, it looks like a chokehold, but it’s not. Prior to the person tapping out, they’re about to lose consciousness because they are not getting enough blood flow to the brain. They pass out, as opposed to being
asphyxiated.”
Carotid holds not recommended
Carotid holds were taught to officers in N.C. Basic Law Enforcement Training. However, the Justice Academy no longer teaches the maneuver, according to an N.C. Department of Justice spokesperson.
“Carotid holds are an acceptable practice, but it’s highly recommended not to use them,” Palmer said. “You can’t write into policy the words ‘always’ and ‘never.’ It’s not a violation of policy if you use carotid holds, just like a chokehold wouldn’t be a violation of policy if it was used in a deadly force situation.”
Local officers are also discouraged from using any force that restricts respiration or blood flow to the head solely to prevent a person from swallowing evidence or contraband.
“I’ve seen it done correctly, and I’ve seen it done incorrectly. The ones who do it incorrectly are no longer in law enforcement,” Jacobs said, while explaining that officers are taught to use a jugular-notch technique to prevent suspects from eating drugs.
“You can’t swallow anything when someone does the jugular-notch technique on you.”
De-escalation strategies
With the use of chokeholds and carotid holds being limited to situations where deadly force is allowed, authorities are told to apply pain compliance techniques when trying to control a person who is resisting arrest.
Local policy and procedure manuals do not include a list of acceptable pain compliance methods. However, officials say various pressure point techniques are allowed up until a point when compliance has been achieved.
Officers are also encouraged to implement non-violent de-escalation strategies and techniques when reasonable. According to the state’s online list of BLET curriculum, officers receive 640 course hours that instruct them on a range of skills that may be useful in de-escalating conflicts.
Among other topics, officers receive 16 hours of instruction on domestic violence response, as well as 24 hours of learning about individuals with mental illness and developmental disabilities.
Ongoing training
Palmer said officers received a little more than 500 total instruction hours in BLET back in 1996.
Jacobs added that the total hours of BLET has increased from 608 when he graduated in 2004. Rapid deployment, anti-terrorism and human trafficking are a few of the topics added since Jacobs graduated from the academy.
“While some larger agencies across the state that conduct their own BLET academies may implement more courses or hours of study, that is not always the case in smaller agencies,” Jacobs said. “We continue our education with multiple hours of training outside of what the NCDOJ requires annually.”
Local policy and procedure manuals say officers shall receive periodic training on the use of non-violent techniques and how to deal with vulnerable populations. However, officers are allowed to meet force with force when necessary.
“While the ultimate objective of every law enforcement encounter is to avoid or minimize injury, nothing in this policy requires an officer to retreat or be exposed to possible physical injury before applying reasonable force,” the Murphy police manual states.