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Negotiations for First Responders

Written by Bill Massock

Crisis negotiation is a complex discipline. Negotiating with an armed barricaded person holding hostages can be a prolonged and stressful event. When a uniformed officer responds to an event that becomes a barricade incident, he may not have the luxury of patiently waiting the 45 to 60 minutes for the tactical team and crisis negotiators to arrive.

Negotiations by one of the first responders may not just be an option, it may be an absolute necessity. The following points of information will help the first responder establish contact with the subject and begin the process of building the rapport that is necessary for the incident to be resolved satisfactorily.

The patrol officers will have already performed a risk assessment of the situation, set up containment, requested a supervisor, considered evacuation of innocent citizens, and put traffic and pedestrian controls in place. The officers should have an emergency entry plan, an arrest plan, and a surrender plan in place. If possible, it is best to wait for the special response team to arrive and take control of the incident. But, that is not always possible. At times it becomes necessary for one of the officers to begin talking with the subject.

The first responder’s main focus at this point is to reduce the likelihood of further violence. The beginning of a barricade incident can be dangerous for everybody involved. The subject is almost always excited, aggravated, and threatening violence. When he gets on the phone, he will tend to be verbally abusive and make threats against the hostage and the police. It is important for the officer to remain calm. Calm is contagious, so using a calm and professional voice will assist in calming the subject.

Before attempting contact, obtain as much information about the subject and the incident as time permits. The more information you have, the higher the probability of success. Before making contact, it is an absolute necessity that first responders ensure their own safety. Cover, not just concealment, should be considered, and the subject’s weapons capability should be taken into account when selecting your position.

The first responders should not expose themselves in order to negotiate face to face. There is no evidence that better results are obtained by this method than by telephone or voice to voice. Bullhorn or loudspeaker negotiations are not recommended because it is difficult to hear the subject’s response, and this method hampers attempts to create rapport.

Begin the negotiation process by introducing yourself as an officer for your department. Ask the subject his name or refer to him by name if it is already known. It is appropriate to ask about the condition of the hostages, but do not refer to them as hostages as this tends to give the subject a sense of empowerment. Also ask the subject about his own condition. This will show concern for his well being. If you talk to the hostages, do not tell them anything you don’t want the hostage-taker to know.

The initial negotiating officer should take notes during the conversation with the subject. Keeping a log of important responses from the subject will be of great value to the crisis negotiators once they arrive on scene. Some conclusions about the subject’s state of mind, emotional level, threat level to the hostage and police officers, weapons information, and level of barricading can be reached from the first responder’s efforts.

Allow the subject to talk uninterrupted, even if he is yelling and screaming. This will help reduce his anxiety, which helps reduce the possibility of violence. It is more important to be a good listener than a good talker because if he is talking, we are gaining time and information. If while listening you are not sure what he means, ask him to explain in further detail. However, do not ask him to explain or clarify a threat as this will place undo emphasis on that threat. If the subject makes a request, do not dismiss it as trivial. If he mentions it, it is important to him and therefore important to us.

Avoid discussing demands with the subject. You cannot meet any demand made since you have no authority to do so. Explain to the subject that you don’t have the authority to meet his demand and that the people who have the authority are en route.

Do not set a time limit as to when they will arrive because you have no control over their arrival. It is best not to set any timeline that you or someone else will have to deal with. It is in the initial officer’s interest not to offer anything, bargain, or make concessions to the hostage-taker. When the trained negotiator takes over, he will address these topics.

Honesty is the best policy. Be as honest as possible and avoid tricks. If you lie or attempt to trick the subject, you risk losing any trust built between the two of you, and the negotiator will have a difficult time rebuilding that trust. Do not allow for an exchange of hostages. Try to determine why the hostage-taker wants to make the switch. He may have motives that are unknown at the time.

It is best not to allow relatives, friends or citizens to talk with the subject. The resolution of a hostage crisis is a law enforcement responsibility, and citizens are not prepared to participate in this process. A primary concern is that the subject wants to say his goodbyes to this person and then commit suicide.

Suicide is an issue that appears in many barricade incidents. An officer who senses the possibility of suicide should ask directly, “Are you going to commit suicide?” Asking this direct question will not put the idea in the subject’s head or push him over the edge. If the response is “no,” then no harm has been done.

If the indication is “yes,” then that opens up more avenues of conversation and gains a valuable piece of intelligence. Always be on the lookout for indications of suicide by cop. Phrases such as, “going out in a big way,” “everyone will remember what I did,” are clues to listen for.

It is best to avoid giving orders to the subject, especially in escalated domestic situations, because the subject will most likely have a negative response. It is also in the officer’s interest to avoid terms such as, “cut, shoot, stab” or other terms of violence. Refer to the subject by name rather than “buddy” because he may take offense to this term. If the opportunity presents itself, minimize the seriousness of the crime committed. But be careful with this because many subjects have extensive experience in the criminal justice system and know the extent of their crimes.

The hostage-taker will need constant reassurance that the police are not going to enter his location. He is fearful of entry by the police and will need to be assured of this several times during the discussion. Early in the negotiation process, remember to ask the subject to surrender. He may surprise you and do so. If the surrender request upsets the subject, don’t push the issue. It may take an experienced crisis negotiator hours to reach the surrender mode with a subject.

The first responder is one of the keys to gathering intelligence about the subject and the incident in the effort to de-escalate the situation. With a careful and thoughtful choice of words, initial negotiations will assist in reaching a successful resolution. Once the special response team arrives, the first responder will brief the negotiator regarding the discussion held with the subject. The vital information provided by the first responder negotiator will be of great value to the resolution of the incident.

Bill Massock is currently assigned to the Tactical and the Negotiations Sections of the Critical Incident Management Branch, Special Operations Division, of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). Before his employment with ATF, he was chief of police of Platte City, MO. He can be reached at william.massock@atf.gov.