HPM 70.6, CH. 1 - Use Of Force Flashcards

1
Q

Each officer is expected to make decisions to use force in a:

A

Professional, fair, unbiased, and objectively reasonable manner, based on the facts and the totality of the circumstances perceived by the officer at the time of the event.

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2
Q

Does HPM 70.6, Chapter 1, supersede any other departmental publication in regard to the use of force?

A

Yes, this chapter shall supersede any other departmental publication in regard to the use of force.

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3
Q

The Graham decision specified three primary factors to assist in determining reasonableness. While not all inclusive, these factors assist in evaluating the reasonableness of the use of force incident when considering “the totality of the circumstances.” These factors are:

A
  1. Severity of the crime issue.
  2. Whether the subject poses an immediate threat to the safety of the officer(s) or others.
  3. Whether the subject is actively resisting arrest or attempting to evade arrest by flight.
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4
Q

Define Totality of the Circumstances:

A

All facts known to the peace officer at the time, including the conduct of the officer and subject leading up to the use of force.

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5
Q

Define Objective Reasonableness:

A

The reasonableness of a particular use of force must be judged from the perspective of a reasonable Officer on the scene, rather than with the 20/20 vision of hindsight. The force must be objectively reasonable under the circumstances known to the officer at the time force was used.

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6
Q

A threat of death or serious bodily injury is ________ when, based on the totality of the circumstances, a reasonable officer in the same situation would believe that a person has the present ability, opportunity, and apparent intent to immediately cause death or serious bodily injury to the peace officer or another person.

A

Imminent

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7
Q

What is the process of using strategies and techniques intended to decrease the intensity of the situation?

A

De-Escalation

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8
Q

______ is any force likely to have minimal risk of causing injury to the subject.

A

Nondeadly force

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9
Q

______ is any force likely to have significant risk of causing injury to the subject.

A

Intermediate Force

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10
Q

______ is any use of force that creates a substantial risk of causing death or serious bodily injury, but is not limited to, the discharge of a firearm.

A

Deadly Force

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11
Q

Any officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use______ ______ _______ to affect the arrest, prevent escape, or to overcome resistance.

A

objectively reasonable force

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12
Q

An officer may only use a level of force that they reasonably believe is _________ to the seriousness of the suspected offense or the reasonably perceived level of actual or threatened resistance.

A

Proportional

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13
Q

What are the six force options:

A
  1. Control holds
  2. Personal weapons
  3. Aerosol subject restraint
  4. Impact weapons
  5. Electronic control device
  6. Kinetic energy weapons
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14
Q

The force utilized to take physical control of the subject by the use of techniques designed to prevent or restrict movement or resistance.

A

Control holds

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15
Q

The force in which the officer utilizes parts of their body (e.g., hands, elbows, knees, and feet.)

A

Personal weapons

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16
Q

What kind of force is aerosol subject restraint?

A

Intermediate force

17
Q

Which force can be both deadly and non deadly force?

A

Impact weapons

18
Q

What kind of force is use when using an electronic control device?

A

Intermediate force

19
Q

Can an officer improvise the response to tense, uncertain, and rapidly evolving conditions by the use of any tool, method, or weapon of opportunity?

A

Yes

20
Q

While policy cannot realistically predict every possible situation, the decision regarding which force option to select should be guided by the following key principles:

A
  1. Sound professional judgment and critical decision making.
  2. Use of force that is objectively reasonable based on the totality of the circumstances perceived by the officer at the time, as provided by law, and in conformance with departmental policy.
21
Q

An officer’s ______, well not considered a use of force option, is usually sufficient to control most situations.

A

Demeanor

22
Q

The method by which officers conduct themselves, and includes bearing, appearance, physical condition, and overall command presence.

A

Officers Demeanor

23
Q

Well not every potential violent confrontation cab be de-escalated, officers do have the ability to impact the direction and outcome of many situations they handle, based on?

A
  1. Sound decision making

2. The tactics they employ

24
Q

When safe and feasible under the totality of the circumstances, officers are required to utilize what techniques?

A
  1. De-escalation techniques
  2. Crisis intervention tactics
  3. Other alternatives to force
25
Q

Flight alone is not the only factor to be taken into consideration. In addition to flight, officers shall consider:

A
  1. The severity of the crime
  2. Whether the subject poses an immediate threat to officers or others.
  3. The officer to subject factors and environmental factors (lighting, footing, weather, etc.)
26
Q

An Officer is justified in using deadly force upon another person when in:

A
  1. Self defense and/or defense of others.
  2. Apprehension of a person for any felony that threatened or resulted in death or serious bodily injury.

Once an officer no longer perceives a threat, deadly force is no longer justified.

27
Q

Deadly force for apprehension of a person shall be used only when _______________________ have been exhausted and, if under the _______________________ perceived by the officer, the use of a firearm is not likely to endanger innocent persons.

A
  • All other means of apprehension

* Totality of the circumstances

28
Q

Should an officer use deadly force against a person based on the danger that person poses to themselves?

A

No, as long as an objectively reasonable officer would believe the person does not post an imminent threat of death or serious bodily injury to the peace officer or to another.

29
Q

Should warning shots be fired if deadly force is not authorized?

A

No, warning shot shall only be fired under the same conditions which authorize the use of deadly force against a human being and only if the firing of said shots is not likely to endanger innocent persons.

30
Q

An officer may draw or point a firearm at a person when:

A

Objectively reasonable based on the totality of the circumstances.

31
Q

Officers should not place their fingers on the trigger of any firearm during a tactical situation except under the following circumstances:

A
  1. When actually firing the firearm.

2. When the firearm is pointed at an identified target and the use of deadly force is justified.

32
Q

All incidents involving the use of force shall be thoroughly documented, and the documentation shall include the following:

A
  1. The totality of the circumstances surrounding the use of force.
  2. Method(s) of force used.
  3. De-escalation strategies and techniques. (if no de-escalation strategies were used, explain why it was not feasible to do so.)
  4. What, if any, medical assistance was rendered.
33
Q

When a subject requests or is provided medical attention, the arrest reports shall include, if applicable, the following additional information:

A
  1. Nature of illness or injury.
  2. Name of attending doctor and their recommendations.
  3. A copy of the subjects discharge paperwork from the medical facility.
  4. A notation the detention facility was advised of the subjects alleged or apparent injury.
  5. Whether jail personnel were requested to arrange for medical care.
  6. When pertinent, include time elements, symptoms, requests for aid for the subject(s), and details of the transportation and treatment.
  7. All medical care provided by CHP employees shall be document in the officers report.
34
Q

Documentation from a supervisor of the use of force:

A
  1. Photographs of the officers attire worn during the use of force event.
  2. Photographs of injuries to the suspect(s) at the scene.
  3. Photographs of the officers injuries immediately after the use of force event and several days or weeks later.
  4. Statements from any victims and/or witnesses.
  5. Copies of recording devices from all officers and patrol vehicles.
35
Q

All officers involved in a use of force incident shall:

A

Write their own report and/or supplemental if feasible.