Officer Safety - Authorities and Articulation Flashcards

1
Q

s. 25

Use of Force Justified

A

Everyone authorized and in administration or enforcement of law if on RG is justified in using as much force as necessary for that force

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2
Q

s. 25(3)

Lethal Force Justified

A

Any force intended to cause GBH or Death is not justified
UNLESS
believe on RG is necessary for your safety or anyone else safety

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3
Q

Reg. 926, s. 9

Police Service Act

A

PO SHALL not draw handgun/point/discharge
UNLESS
believe on RG that to do so is necessary to protect loss of life or SBH

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4
Q

s. 26

Excess Use of Force

A

everyone who uses force is criminally responsible for any excess use thereof

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5
Q

s. 27

Prevent Commission of Offence

A

Everyone may use force to prevent the commission of an offence in which a person might be arrested without warrant AND would cause serious injury or property damage

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6
Q

s. 34

Self Defence (A+B+C)

A

Person is not guilty if:
A - RG that force or treat of force is being used against them or another person
B - the purpose of the force is for the defence or protection of themselves or others
C - the act committed is reasonable in the circumstances

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7
Q

Police Use of Force

Must be…..(3)

A

Lawful
Reasonable
Necessary

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8
Q

Lawful Use of Force

A

Must have lawful authority and act on RG, proper use of powers of arrest

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9
Q

Mistake in Law

A

is unacceptable, EX - when a PO does not know their powers/authorities

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10
Q

Mistake in Fact

A

is acceptable

EX - when you arrest someone who fits a description but it ends up being the wrong person

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11
Q

Reasonable Manner

Subjective vs. Objective

A

Subjective - personal feelings, beliefs and opinions, own assessment and interpretation
Objective - Based on facts, not influenced by emotions, unbiased, impartial

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12
Q

Lethal Force is Necessary for: (2)

A

1 - Self Preservation of the person or any person

2 - To protect from death of GBH

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13
Q

Force - DEFN

A
  • the amount to compulsion exerted, taking into account the consequences of pain, discomfort or injury
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14
Q

Continuous Assessment

A
  • the use of force must be assessed on an ongoing basis

- when resistance stops or changes, the application of force must be also

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15
Q

Resistance - DEFN

A
  • The degree to which the subject opposes police arrest and or control
  • taking into account the nature and quality of an risk to public and police safety
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16
Q

Proportional

A

Does not mean equal, proportionate for the situation, not greater than

17
Q

Articulation - DEFN

A
  • Explain PO use of force in a manner that meets all the necessary justification criteria
  • Every factor and piece of information that formed your opinions and influenced your choices must be presented, including:
  • Senses and all info you have surrounding the occurrence
    PLUS
  • Any related past experience, personal, professional and training.
18
Q

De-escalation

DEFN

A

The use of verbal and non-verbal strategies intended to prevent escalation or reduce the intensity of a situation without the application of force, and if force is necessary, reducing the amount of force if reasonably safe to do so

19
Q

Reasonable Grounds

DEFN

A

A set of facts or circumstances which would satisfy an ordinary cautious and prudent person that there is reason to believe, that goes beyond mere suspicion, and the officers beliefs must be justifiable from a subjective and objective point of view