Section 7.3 Flashcards
If police have PC to arrest you can they use any force reasonable to affect that arrest?
Yes
If a reasonable police officer would believe they have the probable cause to arrest you and you resist you do not want to get arrested they can use whatever force reasonable to do that. true or false
true
Example, if i am being arrested and i just kind of jerk my hand away but there is no other move to resist it would or would not be reasonable for an officer to pull out his pepper spray?
would not be reasonable
Example, if i punch a police officer in the face they can punch me in the face because that is reasonable force. True or false?
true
During arrest officers can use force that is what?
Resonable
1.4% of all police contacts. The use of force or even the threatened use of force is ______.
rare
If there is excessive force used, police can face criminal or civil penalties for that. True or False
True
Excessive force: You want to make sure if you are a police officer or an investigator that you only use force that is ________.
Reasonable
Force is reasonable or not based on what officer knew at the time, not with hindsight. What case?
Graham v Conner (1989)
Controlling supreme court case about police use of force. It says that force is reasonable or not with hindsight but only with what the officer believed at the time. What case?
Graham v Conner (1989)
example, if what the officer reasonably believed at the time later turned out to be false that does not change whether the force used at the time was reasonable or not. All that matters is what a reasonable officer would have believed at the time the action happened. What case?
Graham v Conner (1989)
Two types of force:
1.
2.
- Deadly Force
2. Less than lethal force
Most commonly means handcuffs but there are a lot of officers that use plastic flex cuffs.
Restraints
Pepper spray and tear gas
Aerosols
Baton, bean bag rounds from a shot gun
Impact weapons
ECW
electronic control weapons device
Taser
ECW
Are there long term effects from a taser ?
no
There are other ways to use force but the more common are restraints, aerosols, impact weapons, ECWs. True or Flase
True
Most serious kind of force
Deadly force
The deadliest way to use deadly force is what?
Firearms
Most commonly pistols which is what police carry but it could be shotguns or rifles. This has to do with deadly force. True or False
True
There must be imminent threat of death or great bodily injury to either the officer or some third person. This is the standard…
The standard for using deadly force
Prior to this case there were a lot of states that said if police have PC to believe that this person is a felon, and that person is feeling the police. Hypothetical threat that this fleeing felon could go on later and hurt somebody that was enough to justify deadly force. The police said no. What case?
Tennessee V Garner (1985)