The situation
is familiar to patrol officers: a
parolee “hanging” on the street, sitting on one heel, leaning back against a
wall, forearms resting on his knees, talking to his associates. Every officer has seen this. Is this simply a “comfy” way to relax while
talking to friends rather than standing or sitting on the concrete? Or could there be something more.
While there
are individuals in whose cultures this is a common way to relax, the possibility
that this is a parolee or gangster requires officers to be cautious and
appreciate the threat this position can pose to safety. Officers must take precautions during any
subject contact with an individual who is in or assumes this position. Even though “it feels” like the officer
standing has the advantage, the person in the “prison crouch” or squat (the
term, “prison squat” seems to be perceived by jurors as more vulgar in court,
although that is more accurate) has many tactical advantages.
All State
Corrections Officers can tell you that parolees assume this position for two
reasons:
- Prisons are made of concrete. Concrete is cold. Sitting on cold concrete for years, according
to convicts, will give the person hemorrhoids.
- Sitting flat on your butt in prison prevents effective
response to sudden attack. Sitting on
your butt on the floor or ground is an invitation to attack.
This “prison
crouch”—sitting on one heel with the other foot flat and forward—is an
indicator of a subject who may be a threat to an officer. Even when the individual has not been to
prison, this behavior is often seen in youngsters emulating the “OGs” who
have.
Sitting or
squatting in this position is not the sole indicator of any individual having
spent time in prison. This position is
seen, too, in Latin American immigrants, especially farm workers or those of
the peasant class in their home countries.
These cultures continue to work the fields as they have for centuries. When in the fields, there is no place to sit
but on the dirt. Instead, these
immigrants (legal and illegal) will squat or crouch down like this as an
alternative to standing. However, when
combined with other threat-cues, the prison crouch is a position an officer
should approach with caution, being aware of the position’s capabilities.
APPEARANCES AND CAPABILITIES
While to the
lay-person the Prison Crouch seems to be a “submissive” position, it actually
has inherent offensive and defensive capabilities that must be addressed in the
field if an officer is to safely handle the situation. The lay person often believes that since the
individual is lower than the officer and sitting back, that the subject is
therefore at a disadvantage.
Not true:
Lower than
the officer. With the officer standing
over him while the subject is sitting on his heel, it appears the officer has
an advantage of being “bigger” and “higher.”
However, the closer the officer gets to the subject, the more vulnerable
his legs are to the suspect suddenly springing at the officer for a leg
takedown. Any wrestler or jujitsu-player
will see this relative positioning as an opportunity to “shoot” for the leg(s)
and take the officer down. Even with
extensive wrestling/jujitsu training, once someone is in the officer’s legs, it
is very difficult to prevent that party from taking the officer down. The subject’s being lower does not prevent
his springing at the officer, and is therefore a danger signal that may result
in serious assault.
Sitting back. The lay person sees an individual “sitting”
with his back against a wall. This, they
wrongly reason, will make it more difficult to move suddenly and attack anyone by
surprise—especially an officer who is paying attention. While opposing attorney’s may characterize
the standard Prison Crouch as “a guy sitting ‘back’ on his heels,” the reality
is that this position is defensive as well as offensive, and used by
individuals in a predatory environment (prison) to prevent their being attacked
without defense by other predators (fellow prisoners). Kicks are easily deflected, punches to the
head are extremely difficult, and tackling the individual results in an
opponent who has all of his physical weapons (hands, feet, and head) available
for groundfighting. He’s low to the
ground, and less likely to be injured when tackled, negating much of the value
the tackle provides against a standing opponent. And as officers who have experienced combative
or resistive suspects in position know, individuals can stand up surprisingly
fast when they want to.
Submissive. The lay person will see this prison crouch as
a submissive position, and will often judge the situation to be one of
dominance by the officer who is standing over
the subject. Actually, this is a
position where one can lure the unwary individual easily into range for an
almost indefensible takedown (without extensive and current training) on to a
hard surface (concrete or asphalt) where elbows, wrists, and heads are vulnerable
to possibly severe injury from striking the ground.
There is a
temptation to use the standing position and a louder, harsher voice from a
closer position to attempt to convince the subject to comply. Remember:
this position is designed as a
defensive position. An officer wandering
into the subject’s range because of a natural perception that standing is
advantageous and dominant can be a mistake that can cost an officer his health
and possibly his life.
THREAT VERSUS
CULTURE?
Is there a
foolproof way to predict whether any individual is simply sitting versus a threat
from a “prison crouch?” No. Are there indicators that should alert the
officer to the threat of an individual who takes this position either as a
defensive posture or as an attempt to lure the officer into range? Of course.
Failure to
comply with orders to get on the ground or on his knees. All non-compliance is, of course, a key
threat indicator. Taking a position
contrary to that ordered, or remaining in a position after being told to move
calls for caution and distance solutions (Taser or OC spray) rather than
hands-on efforts or getting closer to exert one’s will. By giving orders in Spanish (“Boca abajo,” literally, “mouth down,”
but translated as “Get face down,” or “A
tierra se,” or “Get on the ground”), future Criminal Defense and Plaintiffs attempts
to portray the subject as unable to understand the officer’s intentions will be
short circuited.
Changing
orientation. An individual who changes
his orientation to the officer’s latest position is clearly maneuvering to
engage the officer. As the officer moves
laterally, he rotates to remain oriented to the officer’s position, thereby
protecting his flank.
Eyes remain
on the officer. The subject maintains
eye-contact with the officer, tracking his or her movement. Cultural indicators are submissive, and not
looking authorities in the eye. In their
country of origin, the police are not someone whom a citizen safely confronts—even
with sustained direct eye contact. Anyone
visually tracking the officer from the crouch or squat position and remaining
alert to the officer’s position or actions should be treated as a threat to
officer safety.
Indicia of
gang association. Knowledge of gang
involvement, gang-style clothing, and identifying tattoos transform this seated
position into a “prison-crouch,” with all of the safety ramifications that
entails.
Identifying
and remaining aware of the threat-cues that a “prison crouch” or squat
signifies will permit a safer contact. This
position alone may not justify a higher profile response. However, its inherent strengths combined with
one or more threat indicators call for a moderate distance response. The first non-compliance indicator, failure
to respond to legal commands, routinely justifies a distance response (the
threat or use, as justified, of OC spray or Taser). As the threat-cues compound and multiply, a
higher profile response to someone in the prison crouch is needed.
Be safe. Wear your vest. Know your policies, especially your force
response, deadly force response, and pursuit policies by heart. And thank you for taking care of me and mine,
and us all.