Legal Authority/Use Of Force/Deadly Force Flashcards
Under what circumstances can an HPD officer search a vehicle?
1) when conducting random or robust searches,
2) with “consent” following advisement of their ferrier rights’
3) under exigent circumstances when you can demonstrate threat to life or evidince
4) with a warrant
When can physical force best be justified?
When it is apparent that other alternatives will be ineffective
Describe when a Terry Stop may be initiated.
When the officer has “reasonable suspicion” that a crime has, is or about to occur.
State and define the four elements needed prior to using deadly force.
1) Ability: does the suspect have the ability to cause serious bodily injury or death (I.e. weapon)
2) Oppurtunity: Is the suspect in a position to cause serious bodily injury or death (i.e. proximity).
3) Immediate Jeopardy: Does the officer believe their life or another’s is in immediate threat of serious bodily injury or death.
4) Preclusion: all lesser means have been attempted or are not feasible.
What defines HPD’s Arrest Authority?
10 CFR 1047
Where does HPD’s arming authority originate?
161K Atomic Energy Act 1954
Per DOE what are the 5 circumstances where an officer may use deadly force?
1) Self-defense
2) Defense of Others
3) Nuclear Weapons or Nuclear Explosive Devices
Prevent the theft, sabotage, or unauthorized control of a nuclear weapon or nuclear explosive device.
4) Special Nuclear Material
To prevent theft, sabotage, or unauthorized control of SNM.
5) Apprehension
Prevent the escape of a person reasonably believed to have committed an offense of the nature specified in the above four circumstances.
What is the difference between a search and a frisk?
Search: conducted following an arrest to locate criminal evidence.
Frisk (pat down): conducted durning a terry stop (with articulable officer safety concerns) of the outer clothing for possible weapons.
When may an HPD officer utilize deadly force?
When necessary to defend themselves or another from death or serious bodily harm.
When must Miranda warnings be issued?
1) custody
(Subject is not free to leave)
2) interrogation
The officer is asking self-incriminating questions.
Explain the 4th amendment in regards to Use of Force.
The 4th Amendment protects an individual’s rights against unreasonable searches and seizures. Using force on an individual is a seizure of their person. For the force to be lawful, the force must be reasonable.
Where can state laws regarding Use of Force be found?
In the Revised Code of Washington (RCW).
Explain the 4th amendment in regards to searches?
The 4th Amendment protects an individuals rights against unreasonable searches and seizures. All searches of persons/ places/ objects and effects must be reasonable.
What are the five circumstances when a person may use force.
1) Protect yourself or another from assault or injury.
2) Arrest a person you know has committed a felony.
3) Prevent theft or property damage.
4) Detain a trespasser for the purpose of investigation.
5) Detain a suspected shoplifter.
Describe the court case of Graham v. Connor, including the court’s ruling.
G v. C:
In GvC, a police officer conducted a Rolling Terry Stop, an individual exited the vehicle and behaved abnormally (individual in question was diabetic and was in need of sugar). The officer used force to detain the individual and in the process broke the individual’s ankle.
The court ruled that “police officers are expected to make split second decisions in tense, uncertain and rapidly evolving circumstances and do not have the luxury of 20/20 hind sight.”
The case established the “objectively reasonable” standard, whether the officer’s actions are objectively reasonable in light of facts and circumstances confronting hyphen without regard to to their underlying intent or motivation.
