Force Options BPOC

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

Force (Black's Law Dictionary)

Power, violence, compulsion, or constraint exerted upon or against a person or thing. Power dynamically considered, that is, in motion or in action; constraining power, compulsion; strength directed to an end. Commonly the word occurs in such connections as to show that unlawful or wrongful action is meant, e.g. forcible entry

Reasonable Force (Black's Law Dictionary)

That degree of force which is not excessive and is appropriate in protecting oneself or one's property. When such force is used, a person is justified and is not criminally liable, nor is he liable in tort

Confinement as justifiable force

If the actor takes reasonable measures to terminate the confinement as soon as he knows he safely can unless the person confined has been arrested for an offense

Not constitute the use of deadly force

A threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actor's purpose is limited to creating an apprehension that he will use deadly force if necessary, does....

The use of force is justified

Threat of force is justified when....

Reckless injury of innocent third person

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.

Civil Immunity

A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant's use of force or deadly force, as applicable

The use of deadly force

The threat of force does not constitute....

Recklessly injure or kill an innocent third person

An actor is justified in threatening or using force or deadly force against another as long as the actor doesn't...

Civil remedies unaffected

The fact that conduct is justified does not abolish or impair any remedy for the conduct that is available in a civil suit

Preventing escape after arrest

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 force is immediately necessary to make/assist in arrest or search, or prevent or assist in....

Identify himself as a peace officer or as one acting at a peace officer's direction

Before using force the peace officer or person acting in a peace officers presence and direction must manifest his purpose to arrest or search and....

Immediately necessary

A peace officer may use deadly force when they reasonably believe deadly force is ______ to make an arrest or prevent escape after lawful arrest.

Protect persons, protect property, for law enforcement or, by virtue of a special relationship

Force is used against a person to...

No duty to retreat

Deadly force is justified

Ordinary standards of reasonableness

The desirability and urgency of avoiding the harm clearly outweighs the harm sought to be prevented and a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear, conduct is justified as long as it is according to....

Unlawful force

A person can justifiably use 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....

Arrest or search the actor

The use of force against another is not justified to resist an arrest or search unless the peace officer or person acting in the peace officer presence and at his direction use unlawful force to....

The use of force against another is not justified

If the actor sought an explanation from or discussion with the other person concerning the actors differences with the other person while the actor was: (1) Unlawfully carrying a weapon (PC 46.02) or (2) possessing a Prohibited Weapon (PC 46.05)

Offers

Greater force than necessary to make the arrest or search occurs before the actor _______ any resistance, the use of force is not justified

Aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery

A person is justified in using deadly force against another for self-defense and when the actor reasonably believes deadly force is immediately necessary; to protect against the use or attempted use of unlawful deadly force; to prevent imminent commission of......

Yes

Becca is unlawfully and with force being removed from her habitation, she gets free and kills the actor. Was deadly force justified?

Unprovoked

For deadly force to be justified it must be ______ and the actor was not otherwise engaged in criminal activity, other than a Class C misdemeanor at the time the force was used.

Suicide or inflicting serious bodily injury to himself

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....

The other 's life in an emergency

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 in an emergency situation to preserve....

The other 's trespass on the land or unlawful interference with the property

A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate....

The Other had no claim of right when he dispossessed the actor; or Other accomplished the dispossession by using force, threat, or fraud against the actor.

A person unlawfully dispossessed of land or tangible, movable property by another is justified in using force against the other when and to the degree the actor reasonably believes the force is immediately necessary to reenter the land or recover the property if the actor uses the force immediately or in fresh pursuit after the dispossession and believes....

Tangible, movable property

When and to the degree a person reasonably believes he has to prevent the imminent commission of arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime, a person is justified in using deadly force against another to protect land or....

Expose the actor or another to a substantial risk of death or serious bodily injury

Deadly force is justified to prevent another from fleeing immediately after committing burglary, robbery, aggravated robbery, or theft during the nighttime from escaping with the property only if he believes the land or property cannot be protected or recovered by any other means; or the use of force other than deadly force to protect or recover the land or property would....

Self-defense

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

Verbal provocation

The use of force against another is not justified in response to ______ ________ alone.

Exact force

The use of force against another is not justified if the actor consented to the _______ ________ used or attempted by the other (example: like a dentist pulling a patient's tooth)

Car jacking or robbery

A person can use deadly force to prevent.....

In loco parentis

Any person acting by, through, or under the direction of a court with jurisdiction over the child, and anyone who has express or implied consent of the parent or parents, term includes grandparent and guardian

Tennessee v Garner

Case study regarding apprehension by use of deadly force is a seizure subject to the 4th Amendment's reasonableness requirement; unarmed, non-dangerous suspect may not be seized by shooting him dead

Estate of Ceballos v Bridgewater, Porras &Mull

Case study regarding that officer cannot use deadly force without an immediate threat to himself or others

Any force, including deadly force

How much force can a correctional officer use to prevent the escape of a person from a correctional facility?

Custody

Under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States

Escape

Means unauthorized departure from custody or failure to return to custody following temporary leave for specific purpose or limited period or leave that is part of intermittent sentence, but does not include violation of conditions of community supervision or parole other than conditions that impose period of confinement in secure correctional facility

Maintain the security of the correctional facility

An officer or employee of a correctional facility is justified in using force against a person in custody when and to the degree the officer or employee reasonably believes the force is necessary to....

The NOUN force

Strength or energy brought to bear, cause of motion or change, active power; moral or mental strength; capacity to persuade or convince. Violence, compulsion, or constraint exerted upon person or thing. The quality of conveying impressions intensely in writing or speech

The VERB force

To do violence to; To compel by physical, moral, or intellectual means; To make or cause through natural or logical necessity; To achieve or win by strength in struggle or violence; An aggressive act committed by any person which does not amount to assault, and is necessary to accomplish an objective; Synonyms - compel, coerce, constrain, oblige.

Necessary or Reasonable 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 are taken

Weapon strategies in Force Options

Chemical/electrical means, Mace, Stun gun, Baton or impact weapon

Force Options

Professional presence, verbal communications, weaponless strategies, weapon strategies, deadly force

Ineffective control

Results when the level of force is less than the subject's level of resistance

Excessive control

Results when the level of force is unreasonably greater than the subject's level of resistance potentially causing preventable injury

The total circumstances of the situation

The force used should be no more than a reasonable officer would use under....

New sets of circumstances

People act differently under different circumstances, and officers' entrances into a scene create....

97%

Percentage of officer's duties that involve verbal skills

3%

Percentage of contacts that require physical force

Communication

An important professional skill, not luck

Elements of communication

Words, content, voice, non-verbals

7%

Percentage of time a message is received due to Content

33%

Percentage of time a message is received due to Voice

60%

Percentage of time a message is received due to Non-verbals (body language)

93%

Percentage of time a message is received and interpreted based on How something is said rather than What is said.

Improper listening

Not paying attention to what is said; such as merely waiting for the opportunity to speak as soon as someone finishes talking

Peace officers must communicate under uniquely stressful conditions

To people who don't want to talk, or listen; To emotionally charged individuals; In dangerous circumstances; While being watched by others; To people who dislike and/or mistrust peace officers; Most people respond positively to reasonable requests from peace officer; Frustrated people often resist; Upset people are often incapable of acting reasonably and will not respond to appeals of reason; Commands or orders usually meet with resistance; An officer must trust tactics which redirect behavior; Maintain disinterest; Learn to allow people to express frustration; Listen; Do not take things personally

Problem, Audience, Constraints, Ethical Presence

Elements that an officer must recognize and control in every encounter

Unethical

Anything perceived as hasty, irrational, or unfair, makes an officer seem

Listen, Empathize, Ask, Paraphrase, Summarize

Helpful "tools" used in redirecting someone's behavior using verbal persuasion

Listen

Sort the real problem from the symptoms of the problem; Determine priorities you must respond to; Determine context of the event

Paraphrase

Repeat what you have learned in your own words; forces other person to stop talking and listen; helps to ensure that the officer understands situation

Summarize

Allows the officer to conclude the situation; officer provides the bottom line; state the resolution clearly

Ethical, Rational, Practical, Personal

4 Types of Verbal appeals

Ethical Appeal

Based upon position as a professional officer; assures other person; persuade others of your desire for a positive outcome; this appeal is useful when dealing with people who are upset and highly emotional

Rational Appeal

Based on use of reasoning; appeal to common sense, good judgment, or community standards; show that solution is reasonable and most likely to produce results; this appeal is valuable when dealing with people having a strong sense of right and wrong

Practical Appeal

Based on an urgent need to change a particular circumstance; ignores long-term consequences; It is a short-term solution; adapt yourself and persuade the other person that you are like them; based on the beliefs and value system of the person

Personal Appeal

Based on addressing person's needs and desires; set aside own personal values; this type of appeal works well with headstrong people who insist on getting their own way

Words are no longer working

When a person seriously threatens bodily harm to an officer or general public, an officer's control is compromised; sometimes a person combines aggressive words and actions; words and gestures alone are not an attack; sometimes a person displays conflicting signs - words suggest one thing and actions suggest another; good principle to remember is: when words and actions disagree, trust actions; actions can also be misleading, but whenever words and actions disagree, be alert and ready to use force; when a suspect begins walking or running away, or when a person escapes from custody; when an officer is forced to repeat same words or ideas over and over, the officer should conclude that the person is not being persuaded; when repeated refusal by a person to comply with a reasonable request constitutes a need for more than words; when a person is unreceptive to alternatives after repeated appeals

Martinez v New Mexico

Case Study on excessive force, involves trooper in NM, court ruled that one can't use Mace/pepper spray on person in handcuffs especially when not posing a threat

Jennings v Jones

Case Study on excessive force, officer broke suspect's ankle who had previous surgery on same ankle and told officer about it, no qualified immunity for officer

Robinson v Solano County

Case Study on seizure at gunpoint, no physical injury but violated 4th Amendment, deputy pointed loaded firearm at head of unarmed calm suspect

Kuha v City of Minnetonka

Case Study on use of K9 as force, suspect bitten on upper leg and femoral artery pierced, court ruled officers justified because suspect fled traffic stop and was unsearched, safety concern about subject being armed

Robinette v Barnes

Case Study on use of K9 as force, suspect broke into dealership in TN, suspect bitten on neck and died on scene, court ruled that it was not excessive force and not considered deadly force

Police role

In physical arrest, is essentially defensive

Defensive

Serving to protect, devoted to resisting or preventing aggression or attack

Not aggression

When an officer takes the initiative to confront a law violator

Control

That degree of influence the officer must exert over the violator to take him or her safely into custody, is a two-way street; objective of using _________ is to elicit cooperation from the violator

Self-control

This concept alone will be one of the greatest assets in dealing with a law violator; results from the development of confidence in one's skills; is achieved through training and practice both on the job and off

Attitudes or prejudices

Can lead to conflict

Uncertainty

Likely to result in compensating behavior

Compensating behavior

Hesitation, verbal abuse, bluff, unnecessary force

Wisely

Force must be controlled and used _______ with a purpose.

Administrative or departmental policy

Should be at least as restrictive as the law. In many cases it will be stricter than legal restrictions.

Cruz v Laramie

Case study regarding Hog-tie vs Hobble-tie, regards excited delirium, suspect died in police custody, court ruled that this technique of hog-tie was not appropriate on person with diminished capacity (suspect in this case high on cocaine and running around naked),

Personally liable

Officers can be held to be __________ ____________ for using excessive force

Probable cause

Reasonable force may be used to effect an arrest when an officer has _______ ______ for that arrest

4th Amendment

This limits the level of force that may be used to reasonable force

Reasonableness

Is based on individual facts and circumstances of the situation

Extent

The _______ of injury inflicted will be evaluated - minor injuries may be relegated to state court as a tort suit rather than as a Section 1983 cause

Directives

The officer's liability is affected by the agency's written.....

Written directives

May be used against the officer and/or the agency; or may be used to support officer and agency