At the February Commission meeting, a member of the Advisory Committee requested POST staff to research the use of what is known as "distraction strikes.” The request was generated from the Chief of the Santa Cruz Police Department through the Advisory Committee because of his concern over litigation surrounding an incident involving a subject who was actively resisting arrest, but not assaultive in behavior, leading to the use of multiple strikes to gain compliance and handcuff the subject. The initial request was to research if “distraction strikes” was being taught as an alternative to use of force in the academy and in-service training, even though a “distraction strike” may be considered a use of force application, regardless of its intent, and should be trained and documented as such.

At June 2021 Commission meeting, Bureau Chief Mike Radford and Law Enforcement Consultant Raymund Nanadiego reported their initial findings.

In addition to the research conducted for the June meeting, POST staff visited the Santa Cruz Police Department and was briefed on the internal investigation, reviewed the body worn camera footage, interviewed the internal affairs supervisor, and the Chief. POST staff reached out to additional subject matter experts and chiefs in northern and southern California.  In all, the subject matter experts who were consulted for this research included attorneys, use of force experts, academy instructors who instruct Learning Domain 33 Arrest and Control and Learning Domain 20 Use of Force, law enforcement training managers, and police administrators.

In Santa Cruz, the Chief has updated their use of force policy to eliminate any distinction between a “distraction strike” and standard use of force to reflect that any force used shall be justified, necessary, and reasonable given the circumstances, in compliance with State law.

For the previous report to the Commission, 458 POST-certified courses were reviewed. The word “distraction” was referenced in 100 outlines. However, only eight outlines used the word explicitly referencing “distraction strikes,” and 29 outlines referenced the term “distraction technique,” but did not discern if the term was in reference to force or other applications of the term “distraction.”

“Distraction strikes” are not taught in the POST Basic Course curriculum. What is emphasized from the beginning of Learning Domain 33, Arrest and Control, and throughout the Basic Course is the importance of understanding legally justified use of force, arrest and control principles, the need for regular and ongoing training throughout the officer's career, and how all are equally necessary to arrest a combative person during a dangerous situation as safely as possible. Also taught are how body parts can be used as personal weapons against peace officers by a combative person and as a force option for peace officers when it is objectively reasonable with the goal to control and arrest that combative person.

Staff is taking steps to ensure that in POST-certified curriculum there is no distinction between a strike used to distract a person and any other strike to effect an arrest. In other words, any strike, regardless of what the intent was, is a use of force, and should be treated as such. To avoid any misinterpretations, POST staff have removed terminology or references to “distraction strikes” or “distraction techniques” from course outlines and are ensuring there are no references to such in new or modified course outlines. 

Ultimately, it is up to the individual law enforcement organizations to ensure their policies are in congruence with State law.