Force Options

Question 1

_____ is any force that, in its manner of use or intended use, is capable of causing death or SBI.

Answer 1

Deadly Force

Question 2

The official title of Chapter 9 of the Texas Penal Code is ______

Answer 2

JUSTIFICATION EXCLUDING CRIMINAL RESPONSIBILITY

Question 3

_____ is power dynamically considered, that is in motion or in action;

constraining power, compulsion; strength directed to an end….

Answer 3

Force

Question 4

Force which is not excessive and is appropriate

in protecting oneself or one’s property is considered ______

Answer 4

Reasonable Force (aka Necessary Force)

Question 5

In making an arrest, all ________ means are permitted to be used to affect it.

Answer 5

Reasonable

Question 6

No greater force shall be resorted to than is ____

to secure the arrest and detention.

Answer 6

Necessary

Question 7

Chapter ___ of the Texas Penal Code covers use of force and its restrictions.

Answer 7

Chapter 9

Question 8

Confinement is justified when force is justified

if the actor takes reasonable measures to terminate the confinement

as soon as he knows he safely can,

unless the person confined has been arrested for an offense.

True or False?

Answer 8

True

Ref: PC Sec. 9.03 “Confinement as Justifiable Force”

Question 9

The threat of using deadly force does not constitute the actual use of deadly force,

Answer 9

As long as the actor’s purpose is limited to creating an apprehension
that the actor will use deadly force if necessary.

Question 10

An actor, whose actions are justified in this chapter, can be held criminally responsible if, in threatening or using force or deadly force, he recklessly injures or kills an innocent third person.

True or False?

Answer 10

True

Ref: PC 9.05

Reckless Injury of Innocent Third Person – PC 9.05
Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injuring or killing of the innocent third person.

Question 11

A PO, or a person acting in a PO’s persence and at his direction,
is justified in using force against another when and to the degree
the actor reasonably believes the force is immediately necessary
to make or assist in making an ____
or to prevent or assist in preventing ____ after arrest.

Answer 11

(a) A peace officer, or a person acting in a peace officer’s presence and at his direction, is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest.

Ref: Arrest and search – PC 9.51

Note: “Person” can mean the cadets working under direction of Peace Officers during patrol rides.

Question 12

A person, other than a PO or one acting at a PO’s direction, has the same justification as above with the exception of a ______

Answer 12

CLAFIRY

Ref: PC 9.51

Question 13

Milstead v Kibler

Answer 13

“…police officers performing a discretionary function enjoy an immunity that shields them from liability for civil damages unless
(1) the officers’ conduct violates a federal statutory or constitutional right, and
(2) the right was clearly established at the time of the conduct, such that
(3) an objectively reasonable officer would have understood that the conduct violated that right. “ (Objectively Reasonable Belief) (Qualified Immunity)

Question 14

The use of deadly force is justified if it occurs in the lawful conduct of war.
If deadly force is so justified, there is no duty to _____ before using it.

Answer 14

Retreat

Ref: PC 9.21 Public Duty – PC 9.21

(c) The use of deadly force is not justified under this section unless the actor REASONABLY BELIEVES the deadly force is specifically required by statute or unless it occurs in the lawful conduct of war. If deadly force is so justified, there is no duty to retreat before using it.
(c) The use of deadly force is not justified under this section unless the actor REASONABLY BELIEVES the deadly force is specifically required by statute or unless it occurs in the lawful conduct of war. If deadly force is so justified, there is no duty to retreat before using it.

Question 15

Conduct is justified if the actor reasonably believes
the conduct is immediately necessary to avoid imminent harm.

True or False?

Answer 15

True

Ref: PC 9.22 Necessity

Conduct is justified if: (1) the actor REASONABLY BELIEVES the conduct is immediately necessary to avoid IMMINENT HARM; (2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and (3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.

Question 16

The use of force against another is justified in response to verbal provocation alone.

True or False

Answer 16

False

Ref: PC Sec. 9.31. Self-Defense

(b) The use of force against another is not justified:
(1) in response to verbal provocation alone;

Question 17

A person is justified in using deadly force against another, when and to the degree he believes the deadly force is immediately necessary to prevent the others _______ commission of:

Answer 17

imminent

• aggravated kidnapping
• murder
• sexual assault
• aggravated sexual assault,
• robbery
• aggravated robbery.

Ref: Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON.

Sec. 9.32. DEADLY FORCE IN DEFENSE OF PERSON. (a) A person is justified in using deadly force against another:

(2) when and to the degree the actor reasonably believes the deadly force is immediately necessary:

(A) to protect the actor against the other’s use or attempted use of unlawful deadly force; or

(B) to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

Question 18

A person is justified in using deadly force against another to protect a third person if
the actor reasonably believes that his intervention is immediately necessary to protect the third person.

True or False?

Answer 18

True

Ref: PC 9.33 Defense of Third Person

Question 19

A person is justified in using deadly force to prevent

another person from committing suicide.

True or False

Answer 19

False

Ref: PC 9.34 Protection of Life or Health

(a) A person is justified in using force, but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself.

Question 20

Tennessee v. Garner

Answer 20

Absent circumstances, such as exhibition of weapons or the commission of a violent felony suggesting that the suspect is likely to pose a threat of death or injury if not immediately apprehended, the 4th Amendment prohibits seizure of the suspect by the use of deadly force.

Question 21

Estate of Ceballos v Bridgwater

Answer 21

According to the Fifth Circuit Court of Appeals, this case on deadly force is clear; “an officer cannot use deadly force without an immediate threat to himself or others.”

Question 22

Force Options

Answer 22

Force Options:
* Professional presence - entering a scene
* Verbal communications - words, language
* Weaponless strategies - takedowns, come-alongs, etc.
* Weapon strategies
o Chemical/electrical means
o Stun gun
o Baton or impact weapon
* Deadly force

Question 23

Identify the principal considerations in applying the use of force.

Answer 23

• Ineffective control results when the level of force is less than the subject’s level of resistance.
• Excessive control results when the level of force is unreasonably greater than the subject’s level of resistance potentially causing preventable injury.
• The force used should be no more than a reasonable officer would use under the total circumstances of the situation.
• Follow departmental policy and the law.

Question 24

Possible consequences that may arise from improper or excessive use of force.

Answer 24

Conspiracy against rights of citizens-Title 18 Section 241 United States Code Annotated

Question 25

Emotions, Attitudes, Prejudices:

Answer 25

• Arrest can be both an emotional and physical problem for officer and arrestee.

Question 26

In physical arrest

Answer 26

the police role is essentially defensive

Question 27

The Concept of Control:

Answer 27

• Control is that degree of influence the officer must exert over the violator to take them safely into custody.
• Control is a “two-way street.” An officer must be in complete self-control to be able to control a violator.
• Self-control alone will be one of the greatest assets in dealing with a law violator.
• Self-control results from the development of confidence in one’s skills.
• Self-control is achieved through training and practice both on the job and off.
• The objective of using control is to elicit cooperation from the violator.
• Compensating behavior may take one of the following forms: hesitation, verbal abuse, bluff, or unnecessary force.

Question 28

Deprivation of rights under color of law

Answer 28

Title 18 Section 242 United States Code Annotated

Question 29

Federal civil rights complaints are investigated by the FBI

Answer 29

No good faith defense for criminal violations

Question 30

Okonkwo v Fernandez

Answer 30

“Government officials who perform discretionary functions are entitled to the defense of qualified immunity, which shields them from suit as well as liability for civil damages, if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable officer would have known. A defendant official must affirmatively plead the defense of qualified immunity.”

Question 31

The CRM concept provides a concrete practical tool for real world situations.

Answer 31

Supports Duty to Intervene
Oftentimes it is the team that helps keep those emotions in check.
A crewmember may recognize a partner’s emotions.
Fosters communication between Crew Members and Outside Resources
Maintains accountability for all personnel involved.

Question 32

Crew Resource Management (CRM).

Answer 32

A management model which provides every crew member with an active voice during situations where human error can have a devastating effect.

Question 33

Internal Affairs investigations (Garrity vs New Jersey)

Answer 33

*Departments will conduct separate investigations because of Garrity v. New
Jersey.

*Officers may be compelled to answer questions, participate in a line-up, or take a polygraph examination or be disciplined. This information is not admissible in a criminal trial under Garrity v New Jersey.

*If any answer sought by the investigator is intended for use in a criminal trial, the officer must be given the Miranda warning

Question 34

Guthery v Taylor

Answer 34

(a) A copy of a signed complaint against a law enforcement officer, fire fighter, or police officer shall be given to the officer or employee within a reasonable time after the complaint is filed.
(b) Disciplinary action may not be taken against the officer or employee unless a copy of the signed complaint is given to the officer or employee.

Question 35

When a person seriously threatens bodily harm to an officer or the general public, an officer’s control is compromised.

Answer 35

o Sometimes a person combines aggressive words and actions.
o Words and gestures alone are not an attack.
o A good principle to remember is when words and actions disagree, trust actions.
o Actions can also be misleading, but whenever words and actions disagree, be alert and ready to use force.

Question 36

Perception of a message:

Answer 36

• 7% of the time a message is received due to content.
• 33% of the time a message is received due to voice.
• 60% of the time a message is received due to non-verbal (body language).

Question 37

This means that approximately 93% of the time a message is received and interpreted based on how something is said rather than what is said.

Answer 37

Elements of communication:
* Words, touch, body movement, message
* Content - actual message.
* Voice - verbal personality (how it is said).
* Non-verbal - raised eyebrows, posture, etc.

Question 38

PACE:

Answer 38

Identify elements that an officer must recognize and control in every encounter.
Problem:
* Analyze and identify the problem.
* Enables an officer to plan an approach.
* Problems often change as confrontation progresses.

Audience:
* Everyone encountered is part of the audience.
* How is the audience reacting? Examples: receptive, hostile, critical, etc.

• Read audience and adapt tactics appropriately.
• If person has a friend in the audience, you may try to enlist their help - ask the friend to help reason with and persuade the person to follow the officer’s orders.

Constraints:
* Determine if there are any obstacles to effective communication and try to eliminate them if possible.
* Examples: time of day, weather, location, external noise, officer’s own mood, person’s values and beliefs, or the person is deaf, mentally ill, mentally disabled, intoxicated, etc.

Ethical Presence:
* An expression of self-control.
* Use words to state purpose, not to express personal feelings.
* Maintain professional attitude.
* Anything perceived as hasty, irrational, or unfair, makes an officer seem unethical.

Question 39

LEAPS:

Answer 39

Listen:
* Differentiate the real problem from the symptoms of the problem.
* Determine priorities you must respond to
* Determine context of the event

Empathize:
* Understand the other person’s state of mind.
* See through the eyes of the other person.

Ask:
* Use questions to gain control by causing others to report to you.
* Questions to direct attention away from the problem
* Buys time.
* Demonstrates concern.

Paraphrase:
* Repeat what you have learned in your own words.
* Forces the other person to stop talking and listen
* Helps to ensure that the officer understands the situation.

Summarize:
* Allows the officer to conclude the situation.
* Officer provides the bottom line.
* State the resolution clearly.

Question 40

Robinson vs Solono County

Answer 40

Holding a gun to Robinson’s head was an unjustifiable and excessive use of force.
Robinson was unarmed, violation of 4 th amend. Rights.

Officers had qualified immunity because the law was not clear.

Question 41

Brower vs Inyo County (18 wheeler roadblock)

Answer 41

Illegal seizure under the 4 th . Police car had lights on to blind suspect so that he couldn’t see the 18 wheeler roadblock

Question 42

Tennessee vs Garner

Answer 42

Absent circumstances, such as exhibition of weapons or the commission of a violent felony
suggesting that the suspect is likely to pose a threat of death or injury if not immediately
apprehended, the 4th Amendment prohibits seizure of the suspect by the use of deadly force.
Officer cannot shoot an unarmed fleeing suspect.

Question 43

Graham vs Connor (Graham Cracker)

Answer 43

objective reasonableness standard

Question 44

Shaw v Stroud

Answer 44

Supervisor may be liable for acts of subordinate, even where supervisor has no direct involvement if the supervisor has failed to document and take corrective action for prior similar acts of misconduct.

Question 45

Davis v Rennie

Answer 45

Holds that “An officer who is present at the scene and who fails to take reasonable steps to protect the victim of another officer’s use of excessive force can be held liable under 42 USC Sec. 1983 for their nonfeasance.