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Use of force > 5.1 - Use of force > Flashcards

5.1 - Use of force Flashcards

1
Q

The authority to use force (3 sources)

A

D. C. CODE - D.C. Municipal Regulations - M

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2
Q

D.C CODE

A

Any officer who uses unnecessary or wanton severity in arresting or imprisoning’s any person shall be deemed guilty of assaults’ and battery, upon conviction
, punsihed therefore.

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3
Q

D.C. MINICIPLA REGULATIONS

A

MPD members shall only use minimum amount of force, which is consistent with his or her mission

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4
Q

MPD POLICY

A

To value and preserve human life, when using lawful authority to use force. Minimum amount of force that is objectively reasonable.

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5
Q

Active resistance

A

Physically evasive movement such as bracing , tensing, pushing or verbally signaling an intention to not be taken or retained in to custody.

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6
Q

Carotid Artery Hold

A

Never use it

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7
Q

Less lethal weapon

A

Any object deployed with the intent or purpose of nullifying a threat without causing death. i.e - rubber bullets, OC spray, tactical batons.

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8
Q

Neck restraints

A

Never use it

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9
Q

Non- deadly force

A

Any use of force that is not intended to cause death or serious physical injury.

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10
Q

Objective reasonableness

A

Standard requiring the reasonabless of a particular use of force must be judged from the perspective of a reasonable member on the scene in light of the facts and circumstances confronting the member.

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11
Q

List all serious use of force

A
  • All firearm discharges
  • all use of force resulting in serious physical injury
  • All head strikes with an impact weapon
  • All uses of force resulting in risk of death, serious disfigurement, disability, loss of consciousness or impairment of funct. of any body part or organ.
  • All incidence where a person receives an bite from an MPD canine.
  • All neck restraints
  • All uses of force resulting in death
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12
Q

Service weapon

A

Any instrument issued by MPD that is used to control or overcome a subject. i.e taser, asp, firearm.

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13
Q

Trachea hold

A

Never use it.

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14
Q

Definition of Ufers (Use of forces)

A

Any physical coercion used to influence or persuade an individual to comply with an order from an officer.

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15
Q

(RIF) reportable uses of force

A
  • Deadly force
  • serious use of force
  • All solo or team take downs
  • drawing and point of a firearm at any person if no force is use.
  • Uses of less than lethal weapon
  • Any use of force indicating potential criminal conduct by an officer.
  • Any use of force resulting in injury where the pain is associated with the members use of force.
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16
Q

Deadly force

A

Any use of force likely to cause death or serious physical injury.

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17
Q

Use of force framework

A

Five categories of perceived threats and responses
allows officers to determine which action is objectively reasonable given the threat.

An officer does not have to attempt every force option prior to resorting to the highest level. (non-sequential)

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18
Q

Use of force indicating potential criminal conduct by a member

A

If you see something say something.

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19
Q

OC Spray

A

a compound that irritate the eye

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20
Q

ASP - Friction lock baton

A

a friction locking expandable baton that can be easily carried or readily accessible on an officers belt.

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21
Q

Extended Impact Weapon

A

Rubber Bullets

22
Q

Electronic Control Device

A

Taser (Only sgts have tasers)

23
Q

Departmental guidelines

A

MPD is to value and preserve the sanctity of human at all times

24
Q

When is deadly force authorized?

A

defense of life

  • defense from imminent threats of life
  • No other reasonable option available
25
Q

Use of force when dealing with a Fleeing Felon

A

Members may use deadly force to apprehend a fleeing felon, only when every other reasonable means of effecting the arrest or preventing the escape has been exhausted and one of these 2:

Imposes immediate threat to others.
There is probable cause to believe that he or she is a felon.

26
Q

Warning to subject

A

members must identify themselves and issue warning, before discharging a firearm.

27
Q

When to not use a firearm

A

Members must never use a firearm when:

  • As a warning
  • into a crowd
  • at or from a moving vehicle, unless deadly force is being used against a member.
  • In any misdemeanor offenses
  • to protect property interest
  • To stop an individual on mere suspicion
28
Q

Graham vs. Connor

A

started of as a USE OF FORCE case, but was ruled that it was actually a case about the 4th and 8th amendment - The reasonableness test resulted from this case.

29
Q

Tennessee vs. Garner

A

Officer can not resort to deadly force unless they est. probable cause that the suspect has committed a felony. (Fleeing felon rule)

30
Q

The decision making model

A

The goal of every encounter is Voluntary Compliance (refer to 5.1.6)

Non-sequential order

  • Deadly force
  • Cooraperative control
  • Contact controls
  • Compliance techniques
  • Defensive tactics
31
Q

Elements of Actions and Assessments

A

Tools, Tactics and Timing

32
Q

Tools

A

Defensive equipment such as baton, OC spray and firearm.

33
Q

Tactics

A

Incorporate the tools into strategies to accomplish an arrest.

34
Q

Timing

A

The correlation of tools and tactics to produce the effective application of force to establish and maintain lawful control.

35
Q

Threat assessment observation

A

pre-attack posture or gesture, access to weapon , apparent willingness to sustain injury, and non compliance with a lawful order or request.

36
Q

What factors should officers take into account?

A
  • Size
  • Strength
  • Skill level
  • Injury and Exhaustion
  • Number of officers/suspects
37
Q

Officer safety and control

A

Can an officer articulate clear suspicious s or possible confrontation behavior by suspect.

38
Q

Use of physical force by MPD are limited to:

A

Protecting life or property
Making a lawful arrest
Prevent the escape of a person in custody
Controlling a situation
To effect a lawful stop of a fleeing individual

39
Q

Blue

A

Cooperative control

40
Q

Green

A

Passive Resister (strong verbal persuasion)

41
Q

Yellow

A

Active Resister ( OC spray, take down)

42
Q

Orange

A

Assaultive ( Chemical agents, Baton MPD canine and taser)

43
Q

Red

A

Serious injury or death

44
Q

Bystander Liability

A

An officer may be held civilly or criminally liable for standing by and failing to intervene in a violation of clearly established constitutional rights.

45
Q

Types of constitutional rights violations

A

Compelled Confession
Warrantless Search
Unlawful Arrest
Excessive use of force

46
Q

Compelled Confession

A

The use of force to extract confession

47
Q

Warrantless Search

A

When the officers knows or should have known a warrant is required.

48
Q

Unlawful Arrest

A

Arrest with no probable cause

49
Q

Excessive use of force

A

There is no necessity for the level of force used.

50
Q

Legal Theory

A

Conspiracy and Duty

51
Q

Conspiracy

A

Courts have ruled acquiescence can amount to a conspiracy agreement when one officer watches as an open breach of the law exist and does nothing to seek it prevention.

52
Q

Duty

A

There is a duty borne by police associated with the protection of constitutional rights, which is well established in case law.

Use of force (2 decks)

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