Exam 5 Flashcards
4 Reasons for Vehicle Exit Order
- Officer Safety
- Investigation (Reasonable suspicion of any crime)
- Police function (Tow, K-9, Search)
- Community Caretaker
Things to consider with Officer Safety
- Initial failure to stop
- Officers outnumbered
- Removal of seatbelt
- Quick move to get out of car
- Dangerous object in vehicle
- Failure to keep hands in sight
- A frisk following an exit order isn’t automatic.
Pretextual stops
- You are allowed to pull someone over for a violation even if you have other intentions with the stop, but you must stay within the initial violation until you have reasonable suspicion for something else.
Use of force will be held to the Reasonable standard, meaning it must be?
“Objectively reasonable”
GRAHAM VS CONNOR
Use of force must be Objectively reasonable
Graham factors (SIRF):
- Severity of the crime
- Immediate threat
- Resisting arrest
- Flight
Priority of life
- Innocent people
- Public safety officials
- Subject/suspect themselves
The six components of proper handcuffing:
- Immobilize
- Control
- Handcuff
- Search
- Monitor
- Transport
(Think “I can’t hand someone my teeth” [stolen from Westgate])
The ideal position is?
2 ½
Control superiority Principle
Recognized Officer advantage over recognized subject disadvantage
What is Force?
Refers to the application of physical techniques, tactics, however slight required by police to gain compliance by unwilling individual
Note: Physically escorting/handcuffing with minimal or no resistance is not Use of Force
Use of force must meet de-escalation requirements and must be ? and ?
NECESSARY AND PROPORTIONATE
De-escalation tactics must be?
feasible (meaning possible/realistic)
Chokeholds
Pressure on both sides of the neck / carotid:
- With the intent or result of bodily injury, unconsciousness, or death:
- Not a good day (Very bad legal trouble)
4 times use of force is allowed:
- Lawful arrest
- Prevent escape
- Prevent imminent harm, and use of force is proportionate
- Defend against force
99% of City Ordinance violations will not result in an arrest
True
State legislature creates state laws (MGL)
True
Cities cannot go against general legislation, can create laws specific to its needs
True
Formal authority to make laws comes from:
- US Constitution
- MA Constitution
- General Court
- MGL
- City Ordinances
Police authority comes from:
- MA Constitution
- MA General Law
Enabling Statute Ch40 s21
Home Rule MGL Ch 43b
Gives Rights of arrest
Ch272 s59
Right of arrest must be exercised with PICS:
- Prudence
- Intelligence
- Common Sense
- Whoever remains in willful violation (after warning), arrestable
- Violates alcohol ordinances, demonstrates knowledge of the law, arrestable w/o warning
- Profane or obscene language or accosting behavior w/ a violation, arrestable w/o warning
All ordinance violations are misdemeanors, in presence
True
Enforcement options:
Criminal or Civil
- Arrest
- Summons
- Citation (21D)
CIVIL CITATION ONLY FOR J.V. VIOLATOR