Definitions Flashcards
Arrest
an arrest is the taking of a person into custody in a case and in the manner authorized by law
Battery
any willful and unlawful use of force or violence upon the person of another
Classifications of Crime
Felony
Gross misdemeanor
Misdemeanor
Felony
punishable by death or imprisonment in the state penitentiary
Gross misdemeanor
punishable by fine of not more than $2,000.00, or imprisonment in the county jail for not more than 1 year, or by both fine and imprisonment.
Misdemeanor
punishable by fine of not more than $1,000.00, or imprisonment in the city or county jail for not more than 6 months, or by both fine and imprisonment.
Command Presence
A manner of posture and interaction, which conveys authority, commands attention, shows confidence, and thus increases credibility.
Consensual Encounter
A completely voluntary police interaction with members of the public, requiring no legal justification for the interaction, where a reasonable person would feel free to disregard the police and go about their business.
Crime
a crime is an act or omission forbidden by law, punishable upon conviction by death, imprisonment, fine or other penal discipline.
De-escalation
An officer’s actions to slow down, stabilize, and resolve an incident as safely as possible by reducing danger through the use of verbal persuasions, tactics, resources, and transitioning through force options.
Elements of a crime
in every crime or public offense there must exist a union, or joint operation of act and intention, or criminal negligence.
Elements of deadly force
Ability
Opportunity
Imminent Jeopardy
Preclusion
Ability
exists when a person has the means or capability to cause substantial bodily injury or death to an officer or others. Ability may include the subject’s size, age, strength, combative skill, level of aggression, and any weapons in their immediate control.
Opportunity
exists when a person is in a position to effectively resist an officer’s control or to use force or violence upon the officer or others.
Imminent jeopardy
based upon the known facts and circumstances, the officer reasonably believes the subject poses an imminent threat to the life of an officer or others, and the officer must act immediately to prevent death or substantial bodily injury.
Preclusion
lesser alternatives have been reasonably considered and exhausted before the use of deadly force, to include disengagement.
Imminent Threat
an impending violent act, harm, or resistance that will likely occur if not instantly confronted or addressed.
Intent
a state of mind in which a person seeks a particular result through a particulate course of action
Investigative detention
reasonable suspicion stop, also known as a “Terry Stop,” is a seizure of a person for no more than 60 minutes, with the limited scope and purpose of conducting an investigation and for which a police officer must have reasonable suspicion that a person is committing, has committed, or is about to commit a crime.
Levels of Control
Low level
Intermediate
Deadly force
Low Level
a level of control that balances against a subject who is compliant or obstructive and is neither likely nor intended to cause injury
Intermediate
a level of control that balances against a subject who is assaultive and has the potential to cause injury or substantial pain
Deadly force
a degree of force which balances against a subject whose actions are life-threatening and likely to result in death or substantial bodily injury.
Levels of resistance
compliant
obstructive
assaultive
life-threatening