5046 - Use of Force Flashcards
What are the 3 court cases that make the framework of use of force law?
Graham v. Connor
Tennessee v. Garner
Scott v. Harris
What constitutional amendment does use of force law fall under?
the 4th amendment
What are the four key factors of the totality of circumstances were emphasized by the Court in Graham v. Connor? (SIRF)
S - Severity of the crime
I - Immediacy of the threat
R - Actively Resisting arrest
F - Attempting Flight or evading arrest
What are some additional factors that make up the totality of the circumstance other than the SIRF factors? (name 4)
Alcohol and drug use
Known Mental or Psychiatric history
Known prior violent history
Innocent bystanders
Availability of weapons
Suspect to Officer Ratio
Physical size, age, and condition of the suspect/officer
Distance between subject and officer
Duration of the action
Time of day
Condition of the Officer (injured, winded from running)
Pre-Assault Indicators
Give 4 examples of pre-assault indicators
-Verbal aggression (yelling, swearing, threatening)
-Aggressive change in posture (stands up, clench fist, blades body, shifts weight for balance)
-Face becomes red, lips separate to show teeth, breathing becomes faster
-Scanning
-Flanking
-Target glancing
-Hesitating in response
-Removal of hat or jacket
What is a “reasonable mistake of fact?”
When an officer responds reasonably to a perceived threat and finds out later there was no real threat. (when an officer mistakes a cellphone for a knife or firearm in the moment)
Does the 4th amendment require an officer to use the least intrusive level of force?
No, only a reasonable level of force given the totality of the circumstances.
Tennessee v. Garner outlined _______ of when using deadly force could be reasonable.
Examples
What are the key elements of Tennessee v. Garner?
- PROBABLE CAUSE to believe
- the suspect poses a THREAT
- of SERIOUS PHYSICAL HARM OR DEATH
- to the OFFICER AND/OR OTHERS
- and give a WARNING, if feasible
What did Scott v. Harris do?
Confirmed Graham v. Connor as the TEST for objective reasonableness for all Use of Force cases
Confirmed Tenn. v. Garner as an application, or giving EXAMPLES, of when deadly force may be reasonable
Stated that there is no “magical on/off switch” that triggers the use of deadly force
What 3 factors are of NO CONSEQUENCE in determining the reasonableness of using deadly force?
- The IMPLEMENT used to apply force
- INJURIES sustained by the assailant
- the POSITION of the assailant in relation to the officer
Who is responsible for the suspect’s injuries?
The suspect
Name 4 well-intended training tips that have unintended consequences
the 21 foot rule (an average person can charge and officer and cover 21 feet before the officer recognizes the threat, draws their weapon, and fires)
Center Mass equals center chest
two rounds, then holster
verbal warnings
ask, tell, make
What are reasons that may cause an officer to Hesitate using use of force?
- Training Scars
- Psychological Inhibitions (resistance to killing)
- Personal beliefs
- De-escalation (improper understanding)
- Legal misunderstandings
- Agency Use of Force Policies
- Learned Behavior
- Societal Expectations
- Belief in Endless Lawsuits
- Media Persecution
What personal beliefs about themselves must an officer resolve?
commitment to the mission
morality
willingness to sacrifice
