Dunn said it is up to each police agency to define the appropriate responses for each level of resistance, and it must be able to defend them if challenged in court as being reasonable under the Civil Rights Code. For example, Binghamton public safety allows the use of pepper spray only at level three of the model for people who are actively resisting a police request. Some police agencies, including Endicott and Binghamton, have determined that the use of pepper spray is appropriate for a level two situation when people are being passively resistant. In addition, officers are taught to remain non-prejudicial or neutral in the situ ation. Officers also must factor in the number of people involved in the situation and the emotion it has generated.
Emotion also increases the danger factor substantially.
Actively resis tant means that those involved are using physical or mechanical means to resist, including their body. Dunn said pepper spray is being used increasingly in law enforcement because it gives officers a non-toxic way to bring control without physical force.