Case Law Flashcards
What must reasonable suspicion be based on?
Reasonable suspicion must be based on “specific and articulable facts” and not merely upon an officer’s hunch.
What is Terry vs. Ohio?
… Can stop a suspect and frisk without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime and has a reasonable belief that the person “may be armed and presently dangerous”.
What force will be viewed under Tennessee vs Garner?
Deadly force
Tennessee vs Garner states the use of deadly force is not justifiable…. Unless:
- The officer has probable cause to believe the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm AND
- Deadly force is necessary to prevent the suspects escape AND
- The officer gives some warning of the imminent use of force if feasible
Tennessee vs Garner states what about a fleeing felon?
“A police officer may not seize an unarmed, non-dangerous fleeing felon suspect by shooting him dead”
According to the 4th Amendment, the use of force is what?
Seizing
What 3 things do you evaluate during threat assessment?
- Intent
- Means
- Opportunity
What is de-escalation?
Any tactic or technique, to include a level of force less than legally justified, that is intended to or may be useful in reducing tension, stress or a potential for conflict or violence, in order to potentially manage a use of force incident.
What significance regarding use of force came out of Deorle v. Rutherford?
Court views Less Lethal “to be used only when a strong governmental interest compels the employment of so high a degree of force.”
Graham vs Connor - What are the three specific core factors (elements) provided by Graham to assess the totality of the circumstances?
- Whether the suspect poses Immediate threat to officers or others at the time
- Whether the suspect is actively resisting arrest or attempting to evade seizure by flight
- Severity of the crime at issue
