LD #20 Use of Force

Question 1

Penal Code Section 835a states:

Answer 1

“Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance.”

Question 2

The reasonable officer standard:

Answer 2

would another officer
with like or similar training and experience, facing like or similar circumstance,
act in the same way or use similar judgement?

Question 3

Components of the Garner decision re: when reasonable to use deadly force

Answer 3

(1) “…if the subject threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction of serious bodily harm [or death]…”
(2) “…probable cause to believe that the subject poses a threat of death or serious physical harm, either to the officer or others…”
(3) “…probable cause to believe that the use of deadly force is reasonably necessary…”[to prevent escape]
(4) “…some warning be given prior to the use of deadly force where feasible…”

Question 4

There are three elements needed to establish sufficiency of fear.

Answer 4

(1) The circumstances must be sufficient to excite the fears of a reasonable person in like circumstances.
(2) The person must not act under the influence of fear alone. There has to be some circumstance or overt act apart from the officer’s fear.
(3) The decision to use deadly force must be made to save one’s self or another from great bodily injury or death.

Question 5

Penal Code Section 196 states: “Homicide is justifiable when committed by public officers and those acting by their command in their aid and assistance, either:

Answer 5

(1) in obedience to any judgement of a competent court,
(2) when necessarily committed in overcoming actual resistance to the execution of some legal process, or in the discharge of any other legal duty, or
(3) when necessarily committed in retaking felons who have been rescued or have escaped, or when necessarily committed in arresting persons charged with a felony, and who are fleeing from justice or resisting such arrest.”