HPM 70.6 - OFFICER SAFETY Flashcards
What is the legal standard used to determine the lawfulness of a use of force?
The 4th Amendment to the US Constitution and Graham Vs Connor 1989
The Department examines all uses of force from an objective or subjective standard?
Objective
What are the 3 primary factors (the Graham Factors) to help determine the reasonableness of a use of force?
- The severity of the crime.
- Whether the subject poses an immediate threat to the safety of the officer or others.
- Whether the subject is actively resisting arrest or attempting to evade arrest by flight.
Totality of the circumstances means:
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.
___________ force is any force likely to have minimal risk of causing injury to the subject
Non-deadly force
___________ force is any force likely to have significant risk of causing injury to the subject
Intermediate force
Graham Vs Conner:
“The __________ of a particular use of force must be judged from the perspective of a __________ officer on the scene, rather than with the 20/20 vision of ___________.”
Reasonableness
Reasonable
Hindsight
7 Force Options
CAKE DIP
C - Control Holds
A - Aerosol Subject Restraint
K - Kinetic Energy Weapons
E - Electronic Control Device
D - Deadly Force
I - Impact Weapons (RCB)
P - Personal Weapons
CHP’s Use of Force Policy:
Officers may use force which is objectively reasonable in what scenarios? (4)
((DOAP))
- Defend themselves or others
- Overcome resistance
- Affect an arrest/detention
- Prevent escape
While policy cannot realistically predict every possible situation, the decision regarding which force option to select should be guided by the following key principles: (2)
- Sound professional judgement
- 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.
Is an officers demeanor considered a use of force option?
No
Does using departmentally approved handcuffing techniques on a compliant subject constitute a use of force?
No
Once an officer no longer perceives a threat is deadly force still justified?
No
ADW - Vehicle
Deadly force is justified in self-defense while an assault with a deadly weapon (ADW) with a vehicle IS ACTUALLY BEING COMMITTED. Officers shall not ________________________.
Shall not stand and/or step in front of/behind a vehicle in an attempt to impede its movement (escape)
This intentionally creates circumstance where use of deadly force appears to be necessary
Warning shots shall not be fired, except under the same conditions which authorize the use of what?
Deadly force
And only if the firing of shots is not likely to endanger innocent people
Officers should not place their finger on the trigger of any firearm except under the following 2 circumstances:
- When actually firing the firearm
- When the firearm is pointed at an identified target in the use of deadly force is justified.
The discharge of a firearm at a wrong way, high speed or reckless driver, or vehicle solely on the assumption that other persons MAY be injured or killed unless the driving act is terminated, is or is not authorized?
NOT authorized
When shall officers notify their supervisor after a use of force incident?
As soon as practical
Officers who are involved in a use of force incident, but are not the arresting officer, shall complete what?
Shall complete a supplemental report to the arresting officers report
When officers are involved in or witness an incident in which they believe excessive force is currently or may have been used by ___________, they shall take immediate action to stop the excessive force.
ANY peace officer
Following a possible excessive force incident, the officer shall immediately notify __________ and submit a report, thoroughly documenting the events
A CHP supervisor
How soon shall a supervisor or manager respond to the scene of an incident of excessive force?
As soon as practical when notified.
Make sure investigation is conducted and documented.
This includes incidents involving CHP, an allied agency or both.
How often are uniformed employees required to review use of force policy?
Quarterly
The supervisors approval to destroy an animal SHOULD or SHALL be obtained with consideration of the geographical location and the officers experience.
SHOULD