use of force concpets swtc

deadly force definition

·        The intentional use of a firearm or other instrument that creates a high probability of death or great bodily harm.

Preclusion

 The officer reasonably believes all other options have been exhausted or would be ineffective.

Imminent Threat Criteria

o   Imminent means “about to happen.”

o   Suspect displays:

§  Intent

§  Weapon

§  Delivery System

·        Target Requirements: 

o   Acquisition:  The process of locating your adversary.

o   Identification: The process of recognizing the subject as the adversary placing you/others in “Imminent Danger”.

o   Isolation: The process of separating the subject from innocent persons.

 

Deadly Force Justification: 

Behavior which has caused or imminently threatens to cause death or great bodily harm to you or another person or persons.

·        When Can Officers Use Force?

o   To achieve and maintain control of resistive subjects.

o   To detain persons reasonably suspected of criminal behavior.

o   To make lawful arrests.

o   In defense of self or others.

o   To prevent escapes.

·        Limitations to an officer’s legitimate use of force:

o   The U.S. Constitution

o   Wisconsin law

o   Agency Policy

o   Officer Training

·        Under Graham v. Connor the United States Supreme Court identified three criteria to identify if an officer’s use of force is reasonable.  Those criteria are:

o   The severity of the alleged crime at issue

o   Whether the suspect poses an imminent threat to the safety of officers and/or other

Whether the suspect is actively resisting or attempting to evade arrest by flight

·        Officer/Subject Factors

o   Age

o   Size

o   Strength

o   Skill level