This section shall contain Standard Operating Guidelines for the operation of the Auxiliary where "Guidelines" is defined in this Volunteer Handbook. Individual Guidelines will link/refer to applicable Procedures where this makes organizational sense. Additional Guidelines may be published and distributed outside this Handbook if their content is of a sensitive or restricted nature which should not be visible to the public (see the LCSA Information Security (INFOSEC) document for definitions of what content may be restricted and how it shall be marked). Specifically, Guidelines which contain For Official Use Only (FOUO) content or which pertain to security processes may be restricted. In general, every effort should be made to organize content such that the majority of our guidelines are publicly available for purposes of oversight and for potential reuse by other organizations. Restricted information shall be kept to the smallest possible portion which may justifiably be restricted.
In many cases, the Sheriff's Auxiliary may conduct training or volunteers may be trained (through SEMA or FEMA, or via required certifications) on topics which are not covered by these guidelines or where they have not yet made their way into formal documents. This will especially be the case in the formative years of the organization. Where that is the case, volunteers are expected to follow their training.
Given that we perform uniformed service for the Sheriff's Office, we need to follow some rules regarding political activity.
First, do not engage in any partisan political activity (direct support for a candidate or party) while in uniform or on duty. You may participate in political events as a Sergeant-at-Arms, crowd control, or similar capacity as long as you do not participate in the political activity. You may also participate in community events with a political component in uniform performing outreach as an LCSA volunteer (e.g. working an information booth or handing out literature on the LCSA) again, provided that you do not participate in the partisan activity.
When not in uniform, you may not associate your partisan political activity with the LCSA, with your Auxiliary position or title, or with the county. Make it clear that any political statements made are personal in nature. Do not state, imply, or allow to be implied that the Auxiliary or the Office of the Sheriff endorses any candidate or party.
Political statements, letters-to-the-editor, and so forth on issues or policies (e.g. 2nd Amendment advocacy or law enforcement) are much less of a problem provided that you clearly state whether opinions are:
Disagreements on issues and policy within the LCSA should be approached tactfully, to not expose dirty laundry best kept between members. When issues must be spoken of, again, make clear whose opinion is whose: "As quartermaster, I am not in favor of the proposed policy; my superior, the Chief-of-Staff is, but the Auxiliary as a whole has no official statement." Most often, it is best to simply avoid these sorts of complexities.
We serve the office of the Sheriff, not the person of the Sheriff. Volunteers of the Auxiliary endorsing a candidate for Sheriff must approach the situation with care and tact and must not do so in uniform or in our offical capacity. If the Sheriff's Office changes hands, we must be able to do our jobs without personality issues or political baggage. Who you vote for is no one's business.
Definition
An active shooter is defined by the U.S. Department of Homeland Security as "an individual actively engaged in killing or attempting to kill people in a confined and populated area; in most cases, active shooters use firearm[s] and there is no pattern or method to their selection of victims." Note that this definition is a simplification it that many "active shooters" use mixed methods, such as firearms and explosives, arson, hand-to-hand weapons, vehicles, etc., as part of the attack. An attacker may become an active shooter as part of a 'double-tap' attack where they initiate a first incident to trigger an emergency response and then attack emergency responders. Auxiliary members should always be aware of this possibility and the potential need to protect other (unarmed) responders until law enforcement can mobilize.
In 64 [of 160] incidents where the duration of the incident could be ascertained, 44 (69.0%) of 64 incidents ended in 5 minutes or less, with 23 ending in 2 minutes or less. Even when law enforcement was present or able to respond within minutes, civilians often had to make life and death decisions, and, therefore, should be engaged in training and discussions on decisions they may face. --- "A Study of Active Shooter Incidents in the United States Between 2000 and 2013". US Department of Justice, Federal Bureau of Investigation. 24 September 2014
In order to deal with the potential complexity and the ambiguity of 'shooter' (who may be you shooting back), we will use the term 'aggressor' in the remainder of this document wherever possible.
Priorities for response will depend on where you are in relation to the violence:
Priorities For Response
As we are not law enforcement, the typical volunteer does not have the authority or training to 'go in after' the aggressor (volunteers who are retired law enforcement or qualify in advanced tactical training may be excepted). Our potential roles in a protracted incident would focus on perimeter control, communications support, chaplaincy, assistance in parent-child-reunification, and medical force protection. One of the missions of the Auxiliary, however, is to disperse trained responders in the community ahead of a no-notice incident to maximize the chance of someone being nearby when needed. Understanding that these incidents are unusual, it is possible that one or more volunteers may be present, on or off-duty, when one occurs.
Hot Zone
If you are at ground zero (e.g. in the same room as the shooter) when an incident occurs, then this simply devolves to a defense of person circumstance and should be treated no differently: act as necessary to protect life (yours and that of other bystanders). Afterwards, communicate with Dispatch and begin response operations (e.g. assist wounded) until someone arrives to take over and formally assign you. If the scene is safe, clear and holster your weapon as soon as possible. Always be certain that Dispatch knows that armed friendlies are present, how many you are, whether you are in or out of uniform, etc. In many cases, someone will have called 9-1-1. If convenient, simply find out who it is, have them tell Dispatch that you are present, and maintain focus on the critical tasks of triage and initial response, using the bystander with the phone to relieve you of communication overhead. Do not disturb the scene prior to arrival of law enforcement any more than is necessary to protect life.
Warm Zone
In the event of an active shooter or similar threat nearby but not in your same location (e.g. in the same building), your responsibility is to:
As soon as you hear gun shots, you should be moving. Put cover between you and the danger. Put yourself (and your weapon) between the danger and other bystanders. If it is possible to escape and help bystanders escape, do so. If not, close doors, barricade doorways, or whatever is necessary to secure your position. Identify yourself. Be wary of drawing your weapon until it is necessary so that you are not mistaken for the aggressor. Use force if necessary to protect your life and that of those around you but do not go seeking trouble. Remember in particular, that many aggressors use long-arms and soft body armor: going against the aggressor with a concealed-carry handgun, limited ammunition, no armor, and no support may simply make you a victim. It is often better to find and defend a strong position, protecting those you can.
As soon as your position is as secure as you can make it, communicate with dispatch (or, again, locate someone who has already called 9-1-1 so that you can focus on life protection). Make certain that dispatch knows that armed friendlies are present. If you have your radio, follow Missouri protocol by setting your primary channel to Law Mutual Aid to coordinate with law enforcement and your secondary to Multi-Disciplinary Mutual Aid (MTAC) to communicate with the larger response, such as medical. If you know and have programmed the channel for local law (e.g. municipal PD), announce yourself there first, say that you are switching to Law Mutual Aid and then do so. Be aware that it is becoming common for law enforcement to deploy singly or in pairs as soon as they arrive on scene. Also keep in mind that a sophisticated aggressor may be listening to radio traffic. Keep dispatch aware of important information: where the aggressor is, how many, what they are armed with, how many victims and where they are located, etc., but do not monopolize the channel. By securing your area and coordinating with dispatch, you provide a possible safe initial entry point ("beachhead") for arriving law enforcement. As you secure a means of retreat, you should then create a rally point out of the Warm Zone in the Cold Zone so that victims can be gotten out and other responders in (see Cold Zone, below.)
If you have wounded nearby, and if your situation is secure (if, for example, you have a partner to watch your back), begin tending to wounded. Otherwise, direct bystanders if possible ("You in the blue shirt, take this and put direct pressure on that wound. Is anyone here trained in First Aid?"). Where it is possible to give bystanders something useful to do, it may keep them (and you) calm and focused. As taught in CERT Training and First Aid we do not move wounded unless it is necessary to save their lives, but if it is necessary, say if someone is going through and shooting wounded, by all means move them, or, better, have someone else move them while you watch their back.
Once law enforcement arrives on the scene, one of two things may occur. If you have coordinated with the specific LEOs before, are wearing uniform, vest or jackets (or are otherwise readily identifiable), and are in close communication with them, then ideally, they can simply move in past you or check your location, verify your identity, and continue with their sweep. If you are not in close communication and they are not directly familiar with you, you will need to place your weapon in a non-threatening posture before they make entry. If you have entering LEOs on one side and an armed aggressor on the other, this may be very tricky to do safely. Follow any directions given. Holding your weapon in the universal "Please don't shoot me," position (as discussed in Weapons Retention and the Securing and Disabling Weapons Practical [Note: add photo or diagram]), placing your weapon on the floor with your foot on top of it, or placing a wastebasket upside down over a weapon and then sitting on it with your hands up are good default options. Once again, in these circumstances, it is often best to keep your weapon holstered until it is necessary to draw and fire it. This minimizes the chances of becoming a friendly-fire casualty. This is why present-from-hoster-and-fire dry-fire practice is necessary.
Be aware that it is possible for off-duty LEOs to arrive and enter the scene without contacting dispatch and therefore without being aware of your presence. This is bad and they should not do it, but there is little you can do to prevent it except try not to get shot. Law Enforcement may also go into tunnel vision where they may not register your attempts to identify yourself and may not recognize an ID on a lanyard. Holding or mentioning a weapon before it is necessary may be very dangerous.
Cold Zone
If you are in the Cold Zone at incident start or arriving in the Cold Zone (you were already deployed at a larger event when the incident started or you are called in for support), then you should first follow any orders received and coordinate with any response in progress. Communications should again default to Law Mutual Aid and MTAC, absent other instructions.
If there is no response in progress, then you are it. Your priorities should be:
Do not enter the Warm Zone or Hot Zone without orders. Without close coordination, you will become another potential victim, something else responders need to worry about, and potentially mistaken for the aggressor.
These Guidelines are applicable to Auxiliary patrols generally, including security patrols and livestock patrols. These guidelines should be used as the basis for operations orders or as a fallback in the case of a no-notice deployment.
Organization
Patrols should always consist of at least two pairs of volunteers who will be available for mutual support. Volunteers may also be paired with law enforcement officers or other responders (e.g. CERT, Cattlemen, Missouri Militia, National Guard) if the mission requires it.
Use of Force/Rules of Engagement
Volunteers may carry sidearms or pepper-spray during patrol according to LCSA and Sheriff's Office policy. Our mission is Observe and Report only: force, including deadly force, shall only be used for Life Protection or under direct orders of a Peace Officer. Volunteers may defend themselves if directly threatened and no retreat is available or if retreat would expose civilians to threat of severe bodily harm or death. Volunteers shall not pursue. LCSA volunteers are specifically prohibited from using force to defend property from theft or vandalism. Volunteers shall not block roadways or otherwise restrict flight unless directed by law enforcement.
Volunteers using firearms on patrol, even when required in self-defense, must be mindful of the potential for friendly fire. Every attempt must be made to properly identify targets and to ensure a clean background, including the potential for inhabited structures.
If a patrol vehicle comes under fire, the first preference should be to maneuver away from the danger and call for help.
Observation of Suspicious Activity
If directed to follow a suspect, stolen vehicle, or otherwise continue to observe suspicious activity, volunteers shall do so without forcing a confrontation with the suspects unless directed otherwise by a law enforcement officer. Volunteers shall maintain a full 360-degree look-out while observing suspicious activity to remain mindful of other threatening individuals, traffic, the positions of and potential danger to bystanders. Volunteers shall make a recording of activity if possible.
Patrol vehicles shall obey all traffic rules. We are not authorized to have or run lights and sirens.
Patrols are not authorized to trespass. We require permission from land-owners to enter property.
Communications
Patrols should be organized to have (at least) one licensed communications specialist per team. By default, Personnel Accountability Report (PAR) checks should be made every 60 minutes with dispatch. Any time a significant action is made, for instance, when a volunteer stops to investigate activity, they should check in with dispatch or a patrol leader before taking the action. That way, if something goes wrong, leadership can determine a last-known whereabouts for the patrol and send help. In remote areas of the county where communications is poor, use a cell-phone or relay to another patrol vehicle to make a report.
A rally point shall always be designated for a patrol, where volunteers who have lost communications will be expected to return to by a specified time.
Firearms are sometimes required in conjunction with Auxiliary duties. In addition to following all applicable laws, regulations, Sheriff's office instructions, and Auxiliary rules regarding responsible use of firearms, it is the responsibility of a volunteer to ensure that firearms (or other deadly weapons) are, to the extent possible, secure at all times against theft or misuse. To that end, specifically, all operable firearms must either be on the person and under the bearer's direct physical control or acceptably secured in one of the following manners:
In general, arms under physical control or secured under visual control are to be preferred to passive locks and security measures. As an example, it would be acceptable to remove the action from a rifle (disabling it), pocket the action (such that it is under direct physical control), and stack the rifle nearby (under visual control). The best place for a firearm is on your body. Unattended firearms should preferably be locked in common areas where attempts to bypass the lock or remove the container might be noticed as opposed to in a pistol box under a cot in a personal tent or a vehicle in a distant and unobserved parking lot. Volunteers should note that they may be called to perform physical labor where a firearm may need to be temporarily removed and provision must be made ahead of time to do this safely and securely.
No one shall threateningly display, brandish, or otherwise misuse a firearm or other weapon readily capable of lethal use in such a way as to violate RsMo 531.030, any applicable instructions of the Sheriff, or LCSA regulations.
These rules shall be enforced by the Sergeant-At-Arms against all LCSA volunteers in a called-up status (wherever they are operating) and against all persons (including visitors or members of other organizations/agencies) on an LCSA-controlled site. The Sergeant-At-Arms may detain or eject such persons, regardless of rank or status, who may be in violation and may confiscate arms found unsecured. Similarly, a designated Range Master may eject such persons or confiscate such arms as violate these rules, safe practice, or the instructions of the Range master. Violations of these rules shall be considered a danger to other volunteers, the general public, or the public order and shall not be tolerated.
A short summary of these rules shall be posted conspicuously at all LCSA-operated sites and the Sergeant-at-Arms, Range Master, or designees shall wear prominent red blazes on their sleeves or red arm-bands.
This section contains general guidelines for use of force in and out of uniform, on and off duty. Other guidelines will describe use of force considerations for specific missions and scenarios. Detailed Standard Operation Procedures (SOP) for specific cases shall also be provided in the appropriate section of this Handbook.
As a matter of conscience, the Sheriff's Auxiliary may not state categorically that a volunteer may not intervene to save the life of another or to defend their own life in the face of an actual threat, particularly when the volunteer is not on duty, not in uniform, and where the law protects the rights of a private individual to so intervene or so defend. What the Sheriff's Auxiliary and the Sheriff's Office can and does state is that certain uses of force, in and out of uniform, on or off duty, are not authorized, not consistent with policy, not consistent with training, or are inconsistent with law. Such use of force may result in disciplinary proceedings, including dismissal from service or civil and criminal action. It must also be kept in mind that when a volunteer, even when off duty and out of uniform, engages in any use of force, whether or not authorized, condoned, or consistent with training, it will reflect on the reputation of the Auxiliary, of the Sheriff's Office, of our instructors, of the very concept of armed, non-law enforcement volunteers and armed citizenry.
Law and Policy Regarding Use of Force
As a matter of law and policy, Auxiliary volunteers are not licensed Peace Officers and :
Volunteers must conform to applicable Missouri and US law regarding self-defense and use of force. Such laws are covered in the required CCW training, in the Constitution, Law, and the Auxiliary (CLA I&II) training, in the Law Enforcement Academy (POST) 303 Justification Use of Force class. In Missouri, Weapons Offenses are generally defined in RsMO 571, and the Defense of Justification for use of force in RsMO 563. Volunteers are required to read and periodically review these chapters of Missouri law.
Use of force incidents, whether on or of duty, in or out of uniform, will result in a Use of Force Review as defined in policy of the Lawrence County Sheriff's Office. Use of deadly force is held to a higher standard of review than less-than-deadly physical force. Auxiliary officers may be required to participate in a Use of Force Review for an incident involving another volunteer (as witnesses, or as members of a jury or panel) if such participation is requested and required by the LCSO. Volunteers, in accordance with LCSO policy and the Sheriff's authority, may be suspended from duty or potentially taken into custody until a review is completed.
Authority Conferred By a Licensed Peace Officer
Missouri law allows law enforcement to confer certain authorities on ordinary citizens who are requested or required to assist them. As Missouri law permits this for all citizens, no specific statutory authority is necessary for law enforcement to enlist Auxiliary volunteers.
Under RsMO 571.020, any citizen, including an Auxiliary Volunteer, is exempt from certain weapon offenses (for instance, carrying weapons into a school or government building) while under orders of a Licensed Peace Officer and actively assisting such officer in the performance of their duty. Similarly, RsMO 563.051 allows a law enforcement officer to confer temporary powers of arrest on an individual and to use force "when and to the extent that he reasonably believes such to be necessary to carry out such officer's direction unless he knows or believes that the arrest or prospective arrest is not or was not authorized" (RsMO 63.051.1). Given that a volunteer does not normally possess arrest powers, does not enjoy the protection from prosecution extended to law enforcement officers, and will be subjected to a Use of Force Review, it is critical that the volunteer understand and be able to identify:
For example, the volunteer should be able to later state, "Officer Smith of the AnyTown PD ordered me to detain Mr. Decker, to use deadly force if necessary, and to turn him over to law enforcement officers when they arrived" or "Deputy Smith of LCSO ordered me to guard this entrance, to restrict all entry other than those authorized by him, to use physical force to do so, to use deadly force only in self-defense, and to call for backup as required". Another possibility is "The Auxiliary officer in charge of my team conveyed an order by the Sheriff to guard this location and specified the Rules of Engagement in our team briefing at the start of the shift," or "Officer Smith of AnyTown PD ordered me to pursue the suspect, keep them in sight, report movement, but not to confront the suspect."
In specific deployments, orders and briefings should specify the default Rules of Engagement (ROE), and what authority, if any is being conferred. We will generally have a labelled section of the Operations Order containing that information. The SOGs/SOPs may specify default ROE and authority for defined circumstances such as livestock patrols, Search and Rescue (SAR) force protection, or public events. If none of these things have provided guidance, it is the responsibility of the volunteer to ensure that orders by law enforcement on the scene are clear and seek clarification if necessary. In a case of immediate life safety, for instance, where a law enforcement officer is under attack and their life is threatened, in short, where the issue becomes defense of person under the law, we do not require delegated authority to protect that officer and, unless we have orders not to intervene, we do not need to wait for orders to act, consistent with scene safety, friendly fire concerns, and other applicable policies.
Citizens' Arrest
A citizen's arrest is an arrest or detention made by an individual who is not a sworn law enforcement officer. United States common law and Missouri statute (RsMO 563.051.2) states that a "private person acting on their own account may..." use physical force to effect arrest or prevent an escape according to the limitations given in that section. This means, in theory, that an Auxiliary volunteer, acting on their own authority, without orders from a licensed peace officer, may arrest someone, for instance, who has committed or is attempting to commit "a class A felony or murder". However, Auxiliary policy strongly discourages this practice in all cases except where a continued threat to life exists if the suspect were not immediately and forcibly contained. Even where force may be justified to effect an arrest in this manner, the volunteer should expect that their actions shall be held to the highest standards of review, that even if the volunteer's actions do not result in conviction, they may result is substantial legal mess for all concerned, and if found to be not justified, the actions may result in discipline, in civil and criminal penalties. It cannot be emphasized enough, therefore, not to do this unless circumstances are so dire that there is simply no other alternative possible.
Auxiliary volunteers do not have training or equipment to detain suspects. We do not, for instance, carry handcuffs, tazers, or other tools which may be used to detain someone short using deadly force. If we attempted a "citizen's arrest" therefore, and the suspect decided not to comply, we might be forced to employ deadly force either to cause compliance or to defend ourselves in a situation where we have legally become (or may be considered in an unfavorable light to have become) the aggressor. This is especially true if we intervene in a situation where we may be mistaken about what is actually going on. If, for example, a volunteer holds a suspect for a felony offense and it is discovered that only a misdemeanor has occurred or that who we believed to be the aggressor was actually the victim, we may be prosecuted for false arrest (or aggravated assault, etc) without enjoying the same mistake of fact protections normally afforded to law enforcement. It should be noted here, and as emphasized in the Justification Use of Force POST class, that "holding someone for the police" is legally a form of arrest. Under the USSC case Tennessee v. Garner, even law enforcement using force against a fleeing felon may find their actions not justified upon court review. We must be much more cautious when acting without explicit authority.
The correct approach is therefore to act to halt any immediate threat to life and let the suspect flee if they choose to do so, particularly if they drop a weapon or release a hostage in order to flee. If someone beating a helpless victim stops beating the victim and runs, we are not authorized to hold them under our policy, even where Missouri law appears to authorize such action.
Related Guidelines
Applicable Standard Operating Procedures