EPO 7 Flashcards
What is the constitutional requirement of a lawful use of force?
Use of force is considered a seizure therefore it must be:
- Reasonable (valid reasons to justify particular degree of force)
- Necessary (to carry out lawful duties)
What is “Deadly Force” and when is it necessary and reasonable?
Force that is “likely to cause death or serious physical injury”
PC imminent threat of death or serious physical injury exists
AND
PC deadly force is necessary to eliminate that threat
How is an “imminent threat” defined?
Totality of circumstances and:
Ability to cause death or serious injury
Opportunity to cause death or serious injury
Intent to cause death or serious injury
Tennessee V Garner and how it applies to Use of Force.
Deadly force may not be used unless necessary to prevent escape and PC that the subject escaping will pose imminent threat of death or seriously injury to officer or others
(Principle: Deadly Force is only used to save lives, not punish for lives already taken)
Graham v Conner and how it applies to Use of Force
All use of force analyzed under 4th amendment
Objective reasonableness from the perspective of a reasonable officer at the scene
“Graham Factors” or totality of circumstance Severity of crime Suspect an immediate threat? suspect actively resisting? Suspect evading arrest/detention? Level of training Strength, age, size of officer Size of subject Weapon(s) involved Presence of other officers/agents Presence of subjects or bystanders Environmental conditions Gravity of offense
Use of Force Summary
Is a seizure if…
physically applies force, person yield’s to agent’s threat of violence, or yields to show of authority
Reasonable if…
necessary to accomplish lawful duties and reasonable type of force used
Deadly force reasonable if…
PC imminent danger or death or serious injury
AND
PC deadly force is required to eliminate the threat of death or serious injury
(Ie. Not trained to kill, trained to eliminate threat)
CBP Policy on Deadly Force
Deadly force on fleeing subjects NO!…unless:
PC subjected committed felony involving serious physically injury or death
AND
PC escape would pose imminent threat of death to you or others
CBP Policy on Disabling Shots
No, except maritime law enforcement after following policy/protocol
CBP Policy on use of Deadly Force (driver/occupant of MV)
Yes, if imminent threat of death AND hazard of uncontrolled MV considered AND public safety outweighs risks
CBP Policy on use of Deadly Force warning shots
No! (Except for maritime law enforcement according to policy)
Are verbal warnings required prior to use of deadly force?
They should be used if feasible/possible
What is “Less Lethal” Force?
Force that is not likely to cause death or serious physical injury
Examples: Hand to hand, CSB (baton), OC spray, ECD (taser)
When can you use “Less Lethal” force?
When reasonable and necessary.
Per policy: Protect self or others Restrain/subdue suspect Make an arrest Prevent escape Enforce compliance
