Use of Force

What is the most common reason a highly competent LEO would use excessive force?

Lack of Training

Priority of Life

Hostages

Innocent Civilians

Police

Suspects

Which MCA codes state force is justified?

Method of Arrest

Investigative Stop & Frisk

Use of Force in Defense of a Person

Use of Force In Defense of Occupied Structure

Use of Force in Defense of Other Property

An arrest is made by an actual ____ of the person to be arrested or by the ____ to the custody of the person making the arrest.

Restraint

Persons Submission

All ____ and ____ force may be used in making an arrest.

Necessary

Reasonable

Person reasonably believes that such conduct is necessary for self-defense or defense of another.

Use of Force in Defense of a Person

Use of force is necessary to prevent or terminate the other persons unlawful entry into or attack upon an occupied structure.

Use of Force in Defense of Occupied Structure

The appropriate inquiry in whether the officer acted reasonably, not whether they had less intrusive alternatives available to them.

Scott v. Harris

In 1985 US Supreme Court Case regarding use of deadly force by law enforcement officer. You cannot use deadly force on a fleeing felon unless the risk of death or serious bodily injury is greater if they flee.

Tennessee v. Garner

When orders to drop the weapon have gone unheeded, an officer is not required to wait until an armed and dangerous felon has drawn a bead on the officer or others before using deadly force.

Montoute v. Carr

In 1989 US Supreme Court Case regarding use of any and all force by a law enforcement officer.

Graham v. Connor

Use of Force Calculus

Severity of the Crime

Subject an Immediate Threat

Subject Obey Clear Commands

Subject Attempt to Evade Arrest

Warning Given Prior

Legal test that considers all relevant factors in a situation to determine if there is probable case.

Totality of the Circumstances

Objectively Reasonable

Officer’s actions are objectively reasonable in light of the facts and circumstances confronting them.

Indicates that the action or threat perceived by the officer is imminent or in the here and now, but not necessarily instantaneous. Subject must be in a position in which they can use their ability / capability to carry out the action.

Opportunity

The mental state initiating an overt act in the furtherance of a threat or action.

Intent

Within the normal realm of control, the vast majority of officer/subject encounters are positive and cooperative. Officer can maintain or gain compliance to commands via respect, acceptance, verbalization skills.

Compliant

Subject offering no physical or mechanical energy enhancement toward the resistance effort.

Passive Resistant

Individual has directed their physical strength and energy in achieving and or maintaining a posture of resistance.

Active Resistance

Active, hostile, non-compliance, culminating in an actual attack upon the officers or others.

Assaultive (Bodily Harm)

Officers can draw a reasonable conclusion that he/she or another would be subject to death or great bodily harm as a result of the subject’s attack.

Assaultive (Harm/Death)