that includes information that they gather from dispatch their direct observations of the scene the subjects and the current surroundings they have to take into consideration whether they suspect the suspect was under the influence of a controlled substance they can take into consideration because again this is a dynamic and ever changing just like life things change it's a dynamic situation fluid they take into account their experience with the subject at the beginning the middle the end they try to a reasonable police officer tries to predict or is at least cognizant and concerned about future behavior based upon past. but the unpredictability of humans factors into the reasonable police officers analysis because sometimes people take

reasonable police officers take someone into custody with no problem and suddenly they become a problem it can change in an instant. a reasonable police officer will take into consideration his immediate surroundings are there bystanders or civilians. reasonable police officer will take into consideration who he is at the scene where are these veteran officers are they riki officers what do i know about my partner's and my partner's ability. so throughout the course of this trial the state has focused your attention and 9 minutes and 29 seconds the proper analysis is to take those 9 minutes and 29 seconds. and put it into the context of the

totality of the circumstances that a reasonable police officer would know and the proper analysis starts with what the officers are what a reasonable officer know at the time of dispatch these are records that are kept they've been introduced you can look at them this is exhibit 151 this is the computer aided dispatch report you heard the testimony of john jenna scurry to dine with one dispatcher this is information that they are passing out to the officers. you will see that the initial. the initial information that a police officer has in his squad car looking at his computer or hearing over the radio was that on may 25th 2020 at 200024 teen.

ito 213 a business cup foods who police officers have the obligation to respond to these call whether it be from a person or a business but a citizen of the state of minnesota minneapolis runs a business and they called for assistance and they told the officers reporting party there is a male who provided a counterfeit bill to the business he's 6 feet tall or higher he's sitting on top of a blue mercedes m l 320 s.u.v. the license plates also appears this subject is under the influence so the analysis of what a reasonable police officer would know in this circumstance is that a a business is requesting it's how the suspect is still there he's large and

he's possibly under the influence of alcohol. or something else so the analysis begins at 8 o 2 and 13 seconds. you may recall the testimony of genesis as well and it's not reflected in this exhibit pretty well but in the evidence exhibit number 10 you can hear the audio recording of the dispatch gena scurry to the officers. jenna skeery informed you that initially officer chauvin was assigned to this call honor code 3 priority one basis it's code 3 get their lights and sirens get there fast. it's priority one because the suspect is still on scene so

per the minneapolis police department policy get there fast the person is on scene right that's what she testified and then very quickly after that that occurred at 8 o 4 and 28 seconds and then what you see is often what she told you was that the scepter car sector car 320 that's the car that patrols this part of the city said hey we can take this call and officer show than an officer tal were canceled from rights and they were canceled paul and sector car 320 officers king in lane took it and that occurred at 8 o 511 seconds. when officer king and lane took it over you can hear you again you can go back and you can listen to that audio of that dispatch and you can hear them talking to each other. officers king and lane arrive at the comfort

foods at 8 o 8 and 20 seconds. so now we see police officers are responding on scene at 8 o 8. both jenna scurry and peter chang describe that during the course of the interaction between the initial interaction between officers king in lane and mr floyd through dispatch they heard what sounded like the sounds of a struggle gena story described she's trained to listen she heard the sounds of a scrap of a struggle and she appeared out on how long other officers need to

respond code 3 to assist officer king and like. it's a reasonable police officer he's going emergent to a scene he gets cancelled from the scene he's now being told that other officers need assistance and step it up get there fast. so you can see again based on the records that at 810082010 away it. backed up 320 with 330 right so now 330 as officers show over an entire they're backing up officer king in line and you can see peter chang respond at 810 and 21 sockets. you hear 320 taking one out so they're removed i mean they're

removing someone from the vehicle at 11 o 2. the scene is ultimately c 4 code for all clear at 201221 so literally this demonstrates to you a couple of how quickly the situation can change from 2nd to 2nd minute to minute they went from get there fast. back off if they're faster because someone needs help it's clear the situation is dynamic and it's fluid they're provided with information that an officer needs assistance he testified about the sound of a struggle right and if you recall sergeant steiger specifically said all of this information would be known to a reasonable police officer and it goes into and factors into the

reasonableness of the use of force alternately officer chauvet in officer tal arrive at comfort foods. pauses for one second here start when we look at officer we just have to give you a little piece of information and we look at officer chains video of his or chang arrives 1st you see the time is 11633 see zulu. meantime subtract 5 from 1 am each backed so.

officers king would see an officer show that nonsense or lame. 16. go over there. all the state photo right out of line there's. information gathering in terms of this assessment and reassessment of the again the decision making process of a police officer. don't come over here where i am officer chances go over there they need your help because when what at that point at that precise moment they don't know what's happening over at the squad car they don't know that

officers are king in lane struggled with mr floyd getting him out of the car that they sat him down that they stood him out that they walked over they haven't seen any of this information and there's no evidence to suggest that they happened so that doesn't factor into the information it's again reasonable police officer what do they know and they don't know that but they're starting to get some indication hey go over there right now over there. you can see right about 817 as for the quality of the picture officer showing her is arriving and walking up to the squad car so what a reasonable police officer what would a reasonable police officer see in this instance. what

a reasonable police officer would see could be defined because again reasonable police officer has to be aware of his department policies active aggression or active resistance let's call it active resistance in response to police efforts to bring a person into custody work control for detainment or arrest a subject engages in active resistance when engaging in physical actions or verbal behavior reflecting an intention to make it more difficult for officers to achieve actual physical control so as derek show over. walks up to this scene he has all of the information from dispatch he has all of the information from officer chang sending him over he knows his department policy

on the difference between active aggression active resistance passive resistance based on policy training etc this is an officers consideration of again the use of force all of these things factor into so what does he see he sees officers king on an officer lane struggling with mr floyd attempting to put him into the car he hears the words that mr floyd is saying or i'm claustrophobic i'm a good guy a good man i'm claustrophobic i just had covert right he's hearing this information he's observing with his eyes a reasonable police officer is observing this with his eyes and his ears and assessing what he sees pursuant to policy and what he sees and i met him

is active resistance mr flood's not to simply getting in the backseat of the car. so let's watch what is officer showed and see when he walks in this is from his body cam from 17 and 21 seconds to 818 and 15 seconds just shy of a min. you or yamaha don't mean. to mitt romney you know them all know that you know it with the value of the meter the harder they have the member you know how it was about me i'm the love it all happened. overnight and. the mayor are going to run oh no not heard of the over the who are. already got.

00000. 0000. 00 go. there are. taken. by 818 and 15 seconds officer sheldon has not laid a finger on mr floor but he's observer and a reasonable police officer is doing this he walks onto a scene he sees active resistance occurring potentially active aggression occurring he has 2 other officers he has not intervene but again based on the policies and the training that you have seen what were his options available to him at that time if

a person is actively resistant in the sun or distraction technique it's controlled takedowns conscious neck restraints. these are options available to mr chauvin at this point he has per his training these techniques at his disposal a reasonable police officer would be making these observations. he would observe the white foam around mr floyd's month he would consider the possibility that this person was under the sauce and was under the influence of something basically using the information from despatch making means observations how was he analyzing. how would a reasonable officer analyzes and what would be known to

a reasonable officer. reasonable officer would look at the size of the person and assess that person size in relation to his own size because it's a part of the risk threat analysis that we've heard about some. reasonable officer would know that these are 2 rookies putting this off putting this man in the car in fact the evidence established mr shulman trained one of the officers so a reasonable officer me step back at this point to see if these 2 guys can get to sunder control. a reasonable officer will hear the words that the suspect is saying i'm a good guy i'm a good guy i'm a good guy i'm claustrophobic and he's going to compare those words to the actions

of the individual because this is part of the analysis because i can say i'm going to cooperate with you i'm going to do whatever i want if my behavior is inconsistent with what i am saying reasonable officer takes into consideration. in fact a reasonable officer who is aware of his department policies knows the deescalation policy that is in place. and part of what a reasonable officer has to do is to consider whether a subject's lack of compliance is a deliberate attempt to resist or an inability to comply based on these factors medical conditions mental impairment developmental disability physical language language barrier influence of drugs or alcohol or behavior or crisis so an officer or reasonable officer has to take the information and assess is this

suspect purposefully or intentionally deliberately trying to force our efforts to take him into custody or are they experiencing one of these other. types of factors but such consideration when time and circumstances reasonably permit show then to be balanced against the incident facts when deciding which tactical options are the most appropriate to resolve the situation safe so again reasonable officer based on the totality of these circumstances is going to take all of this information in all of these policies all of these training ins and a reasonable officer at that point would conclude that the amount of force that was being used by officers king in land was insufficient was not enough use of force to

overpower mr floyd's resistance to getting into the car he seen it he's heard is familiar with the policies and so at precisely 818 and 15 seconds officer shot and froze hands on. after officer king officer lamb and officer showed on struggled fought however you whatever adjective you want to use they struggled with mr ford from 18 to 19 and 12 seconds about a minute little over a minute it doesn't really seem that it's that long of a time but again the amount of physical exertion remember how jodi steiger sergeant jodi steiger described us when the apparent attempts to get him into custody were futile and wrote his quote. the futility of their

efforts became apparent they were able to get him into the car 3 minneapolis police officers were not able to get mr ford into the car they themselves are experiencing that that surge of adrenaline a reasonable police officer will be experiencing that surgeon or drug. and again balancing all of the evidence against each other. let's look at 3 different angles of this struck. this is officer king's body here. are. the hours oh oh i'm about to about what i gave the squad where they all are for a memory. that are right for the room all

right are i was the hour was. up i would not go ok you believe they see me. as you go to jail you could be under arrest right now for $400.00. are the ones who want to know what was where we were. going to come out you bet you how they got that everyone on the ground would be. so your arrest for forgery or do you feel much. this is about the video of the same time period from officer wait for. our our our our over the last quote oh they were. our own mother when they were going to walk around. you

know when. i'm on the other 4 car i was. i thought oh. oh oh i'm the man i think. i do believe me on these or this they're out of there with me not going to the restaurant open ordering her over to what's going on what was what cevallos. i don't. know what they were there come up. i play or not are out there just going up there on the hour and i reach a better. officer tell. ya r r r r r. r that was going up.

i'm not. right or are wrong i know i. thought of a law was passed. ah ah ah i've had broken. ok. but so far there are the world around. her the world going to order for the sake of her. father great come out out it's him right now there are up. from around the world with. a reasonable police officer understands the intensity of the struggle you can see a point mr floyd's legs kick back in actually almost knocks officer wayne over. in knocks off the body worn camera. and the badge of officer chauffeur

in the struck a reasonable police officer would understand the situation and mr ford was able to overcome the efforts of 3 police officers while handcuffed with his legs and his body straight reasonable police officer sander can be seen another way from the mile storm karen and this is what caught the attention of the 911 dispatcher jenna scary she said she observed the struggle and the vehicle rocking back and forth back and forth. watch the vehicle.

reasonable police officers will consider their training. and before we talk about

the training again there's something that i think is really important to understand 2 things actually at this mall. not a single use of force expert that testified not a single police officer who testified said that anything up until this point was unlawful or a reason. it was reasonable for these officers to put them into this mr ford into the squad car it was reasonable efforts that they took to overcome his resistance were reasonable every single expert agrees to this point nothing is contrary to policy training. defensive tactics crisis intervention all reason it's at the point that mr

floyd is brought to the ground that there becomes dispute about the reasonableness of the use of force and what a reasonable officer. it was sesto the proper fessor who said at the point mr floyd came out of the car putting him on the ground was on reason so was it reasonable for officer show vun or a reasonable police officer to put mr ford on the ground in that instance so a reasonable police officer is going to lie on his training and information his evidence what he knows all of the information he has built up to this point. you heard lieutenant mercer testified about how about 15 years ago the minneapolis police department went to ground defense tactics getting people on the ground to control the control the head control the body different types of moves that

a perk that the police use to create in a live in a space escape versus control rooms are 2 different things. these are the tactics that have been of employed by the minneapolis police department for 15 years why because it's safer for the officers and it's safer for the suspects it keeps people contained controlled and confinement until they no longer are resist a reasonable police officer would also consider his department's policy. including the use of non-deadly force policy. force that does not have the reasonable likelihood of causing or creating a substantial risk of death or great bodily harm this in a.