Use of Force Options

________ is one of the greatest assets an officer can have while dealing with a law violator

Self control is one of the greatest assets an officer can have while dealing with a law violator

When is confinement justified?

-When force is justified

-if the actor takes a reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined has been arrested

__________ ____________ are often the direct result of uncertainty

Emotional responses are often the direct result of uncertainty

Define constrains as is refers to this force options

determine if there are any obstacles to effective communication and try to eliminate them if possible

(examples: time of day, weather, location, external noise, officer's own mood, person is deaf, mentally ill, intoxicated)

Where do most officer's use of force problems stem from?

The use of force employed against a combative, but unarmed law violator when reasonable alternatives to use of force are not employed

When is the use of force justified in protecting another's life or health?

- A person is justified in using force, but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself.

- A person is justified in using both force and deadly force against another when and to the degree he reasonably believes the force or deadly force is immediately necessary to preserve the other's life in an emergency

Define Deadly Force

Force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing death or serious bodily injury

What are the two criteria in determining if use of force is professional as an officer and what do they mean?

As a professional, an officer’s use of force is:

- Selective (the officer knows what kind of force and how much to use)

- Appropriate (used in a controlled and purposeful manner)

The use of force against another is not justified in response to ____ provocation alone

The use of force against another is not justified in response to VERBAL provocation alone

The ________________ of ________________ is justified when the _________ of force is justified

The THREAT of FORCE is justified when the USE of force is justified

Define Reasonable Force

The minimum amount of force sufficient to achieve a legitimate law enforcement objective (aka Reasonable and Necessary Force)

Reasonable and Necessary Force- The amount of lawful physical coercion sufficient to achieve a legitimate law enforcement objective and is objectively reasonable under the facts, circumstances and alternatives confronting an officer at the time action is taken

What is the title and section most lawsuits brought against the police in federal courts? Title __________, Section ____________

Title 42 U.S.C., Section 1983

(Civil Rights Act of 1871, aka Ku Klux Klan Act)

What is police officer's role in a physical arrest

In physical arrest, the police role is essentially defensive

The officer must be ____ and ____ to protect ____ and ___, in every arrest situation

The officer must be FIRM and PREPARED to protect THEMSELVES and OTHERS, in every arrest situation

Reasonable force is based on ______________________________________________________

The reasonableness of force is based on individual facts and circumstances of the situation

When does an officer have a duty to retreat when deadly force is justified

If deadly force is so justified, there is no duty to retreat before using it

An arrest can be both _________________ and _________________ for officer and arrestee

An arrest can be both an EMOTIONAL and PHYSICAL PROBLEM for officer and arrestee

All use of force is ____ unless there is a statutory provision that justifies its use

All use of force is ILLEGAL unless there is a statutory provision that justifies its use

"An officer's problems may grow out of the use of force employed against a combative but unarmed law violator when reasonable alternatives to use of force are not employed," stems from which psychological aspect?

A. Emotions and attitudes

B. Prejudices

C. Concept of control

D. Law enforcement role in arrest

D. Law enforcement role in arrest

When justified in using or threatening to use force or deadly force and an innocent third person is killed, is the use force still justified

Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person

Conduct is justified if:

A. The actor reasonably believes the conduct is immediately necessary to avoid imminent harm

B. The actor reasonably believes the conduct is necessary to avoid detention

C. The desirability and urgency of avoiding the harm clearly outweigh, according to the ordinary standards of reasonableness, the harm sough to be prevented by the law prescribing

D. A legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear

All true except A

Explain Tennessee v. Garner

"fleeing felon rule" use of deadly force can't be used unless necessary

List when a peace officer, or a person acting in a peace officer's presence and at his direction, is justified in using force against another when and to the degree the person:

a.

b.

c.

A peace officer, or a person acting in a peace officer's presence and at his direction, is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest, if:

1. the actor reasonably believes the arrest or search is lawful or, if the arrest or search is made under a warrant, he reasonably believes the warrant is valid; and

2. before using force, the actor manifests his purpose to arrest or search and identifies himself as a peace officer or as one acting at a peace officer's direction, unless he reasonably believes his purpose and identity are already known by or cannot reasonably be made known to the person to be arrested

List deciding factors for use of force when effecting an arrest?

a.

b.

c.

A. Is the suspect submitting peacefully or resisting?

B. Is the suspect armed?

C. What is the nature of the crime?

D. Does the suspect have a previous arrest record or history showing a pattern of violence?

E. What is the number of suspects involved?

F. How much support from other officers is available?

G. What is the risk that the force chosen might cause injury to a bystander or other officers?

Identify potential force options available to peace officers:

a.

b.

c.

d.

A. Professional presence (entering into scene)

B. Verbal communication (words, language)

C. Weaponless strategies (take-downs

D. Weapon strategies (OC spray, taser, baton)

E. Deadly force

List 3 Principal considerations when applying use of force?

a.

b.

c.

A. Ineffective control results when the level of force is less than the subject’s level of resistance.

B. Excessive control results when the level of force is unreasonably greater than the subject's level of resistance potentially causing preventable injury.

C. The force used should be no more than a reasonable officer would use under the total circumstances of the situation

Explain the Supreme Court ruling of Graham v. Conner

The "reasonableness" of a particular use of force must be judged from the perspective of a reasonable officer on the scene, rather than with the 20/20 vision of hindsight

Explain Milstead v. Kibler ruling

police officers performing a discretionary function enjoys an immunity that shields them from liability for civil damages unless (1) the officers' conduct violates a federal statutory or constitutional right, and (2) the right was clearly established at the time of the conduct, such that (3) an objectively reasonable officer would have understood that the conduct violated that right

Define justified Force

a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other's use or attempted use of unlawful force

Provide 3 psychological aspects of the use of force regarding law enforcement:

a.

b.

c.

A. Emotions

B. Attitudes

C. Prejudices

Define resist

A. Active Resistance- Any affirmative action to deter the officers' ability to make an arrest

B. Passive Resistance- No affirmative action to deter the officer's ability to make an arrest

When is it acceptable to use force to resist arrest

The use of force to resist an arrest or search is justified:

(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer's (or other person's) use or attempted use of greater force than necessary.

What type of abuse does not justify the need to use physical force against another person? _________________

Verbal provocation alone