Quiz 8 Flashcards
9 parts of handcuffs
1: single strand
2: double strand
3: rivet
4: lock housing
5: swivel
6: chain
7: key hole
8: double lock
9: single strand teeth
6 components of handcuffing
ICHSMT
Immobilize
Control
Handcuff
Search
Monitor
Transport
Totality of circumstances, how do courts determine if the force was objectively reasonable?
(Graham factors)
SIRF:
Severity
Immediacy
Resistance
Flight
Hill test
1: was the person experiencing a medical emergency that rendered him incapable of making rational decisions under the circumstances that posed a serious threat to Himself or others?
2: was some degree of force reasonably necessary to stop the immediate threat
3: was the use of force excessive?
Tennessee vs garner
(Fleeing felon case)
What came out of the case:
Officers must remember use of force must be reasonable AT THE TIME force is applied
- cop may not use deadly force at any point when there is no longer belief that a person immediately poses an immediate threat of SBI or death to others. Even if deadly force could have been used earlier
Graham vs connor
The reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on scene, rather than with 20/20 hindsight vision
- Right to make arrest or conduct an investigatory stop necessarily carries with it the right to use some force.
Graham factors came out of this
Hill vs miracle
medical emergency, fighting with paramedics, sheriff tazed man getting medical attention, to get him to comply, it worked.
Hill test came out of that
T/F
In no event may a cop intentionally sit, kneel or stand on an individuals neck or head
True
Totality triangle
TOP: perceived circumstances
BOTTOM LEFT: perceived subject actions
BOTTOM RIGHT: Reasonable officer responses
Comm v Adams
officers chased individual once he stopped, they broke the window and ripped him out of the car forcing him to lay face down on the pavement, continually kicking him in the head to keep it on the pavement
What came out of the case?
All officers on scene, even if they did not use force, may still be held liable for excessive use of force used by other officers. Failure to intervene was a violation of Adam’s rights and all officers present were liable
An officers use of force decision must be ____ and _____
Necessary and proportionate
When can a cop use force?
- effect the lawful arrest of the person
- prevent the escape from the custody of the person
- prevent imminent harm and the force used is proportionate to the threat
- defend against an individual who uses force against you
establishes rules governing the use of force by law enforcement officers
550 CMR 6.00