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The third piece is Opportunity. The Threat must be able to reach you with the Means. If someone who has a gun and hates your guts is on another continent, he can’t reach you. You can’t justify nuking him. This comes up quite often in jail, where a threat in a cell screams threats at the officers. Locked in a cell, he lacks Opportunity and can’t be treated as an immediate threat—and it is unprofessional to open the cell and give him the Opportunity.

In the officer’s arsenal, handcuffs are meant to eliminate or limit Means; cells limit Opportunity.

What the officer sees, the Intent, Means, and Opportunity inherent in a specific threat at a specific time, establishes a level of resistance. The level of resistance is the primary factor in the officer’s decision of what level of force to use.

In order to be compliant, a person must actually comply. If an officer lawfully orders someone to leave the premises and the person does not, the person is NOT complying. Even if he says, “Just a minute.” Even if he yells, “Don’t touch me. I am complying!” Actions matter, not words. Failure to comply is static resistance.

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