State Law Flashcards
RCW 9A.16.020 Use of Force - When Lawful
The use, attempt, or offer to use force upon or toward the person of another is not unlawful in the following cases:
(1) Whenever necessarily used by a public officer in the performance of a legal duty, or a person assisting the officer and acting under the officer’s direction;
(2) Whenever necessarily used by a person arresting one who has committed a felony and delivering him or her to a public officer competent to receive him or her into custody;
(6) Whenever used by any person to prevent a mentally ill, mentally incompetent, or mentally disabled person from committing an act dangerous to any person, or in enforcing necessary restraint for the protection or restoration to health of the person, during such period only as is necessary to obtain legal authority for the restraint or custody of the person.
Definition of “Necessary”
“Necessary” means that no reasonably effective alternative to the use of force appeared to exist and that the amount of force used was reasonable to effect the lawful purpose intended.
Definition of “deadly force”
“Deadly force” means the intentional application of force through the use of firearms or any other means reasonably likely to cause death or serious physical injury.
RCW 10.120.020 Permissible uses of force
(1)(a) Except as otherwise provided under this section, a peace officer may use physical force against a person when necessary to: Protect against criminal conduct where there is probable cause to make an arrest; effect an arrest; prevent an escape as defined under chapter 9A.76 RCW; or protect against an imminent threat of bodily injury to the peace officer, another person, or the person against whom force is being used.
RCW 10.120.020 Permissible uses of force (Deadly Force)
(b) A peace officer may use deadly force against another person only when necessary to protect against an imminent threat of serious physical injury or death to the officer or another person.
Definition of imminent threat of serious physical injury or death (deadly force) 10.120.020 (1)(b)(i)
based on the totality of the circumstances, it is objectively reasonable to believe that a person has the present and apparent ability, opportunity, and intent to immediately cause death or serious bodily injury to the peace officer or another person.
Definition of necessary (Deadly force) 10.120.020 (1)(b)(ii)
under the totality of the circumstances, a reasonably effective alternative to the use of deadly force does not exist, and that the amount of force used was a reasonable and proportional response to the threat posed to the officer and others.
Definition of totality of the circumstances 10.120.020 (1)(b)(iii)
means all facts known to the peace officer leading up to and at the time of the use of force, and includes the actions of the person against whom the peace officer uses such force, and the actions of the peace officer.
What falls under “Reasonable Care”?
Peace officer shall use reasonable care when determining whether to use physical force and when using physical force. Peace officer shall:
(a) When possible exhaust available appropriate de-escalation tactics prior to force
(b) When using force use the minimal amount needed to overcome resistance. Must consider conditions and characteristics of a person:
1. pregnant? Looks prego?
2. minor? looks like it?
3. Vulnerable adult? Looks like one?
4. Mental/behavioral/physical disabilities
5. Cognitive impairments due to alcohol or drugs
6. Suicidal
7. Limited English proficiency
8. In the presence of children
RCW 9A.16.040 - Justifiable homicide or use of deadly force by public officer - Good Faith Standard
(b) When necessarily used by a peace officer meeting the good faith standard of this section to overcome actual resistance to the execution of the legal process, mandate, or order of a court or officer, or in the discharge of a legal duty
(i) To arrest or apprehend a person who the officer reasonably believes has committed, has attempted to commit, is committing, or is attempting to commit a felony;
(2) In considering whether to use deadly force under subsection (1)(c) of this section, to arrest or apprehend any person for the commission of any crime, the peace officer must have probable cause to believe that the suspect, if not apprehended, poses a threat of serious physical harm to the officer or a threat of serious physical harm to others.
RCW circumstances for “Threat of serious physical harm” for fleeing felon
(a) The suspect threatens a peace officer with a weapon or displays a weapon in a manner that could reasonably be construed as threatening; or
(b) There is probable cause to believe that the suspect has committed any crime involving the infliction or threatened infliction of serious physical harm.
Under these circumstances deadly force may also be used if necessary to prevent escape from the officer, where, if feasible, some warning is given, provided the officer meets the good faith standard of this section.
RCW The good faith standard for deadly force (4)
A peace officer shall not be held criminally liable for using deadly force in good faith, where “good faith” is an objective standard which shall consider all the facts, circumstances, and information known to the officer at the time to determine whether a similarly situated reasonable officer would have believed that the use of deadly force was necessary to prevent death or serious physical harm to the officer or another individual.
Beltran-Serrano V City of Tacoma 442 P.3d 608
- Officers have a duty to act with reasonable care
- Pre-force actions can amount to negligence
(a) failure to follow established LE practices for mitigating violence (IE Tactics/policy/model policy)
Cited in case:
1.Failure to respond appropriately to MI/impairment
2.Engaging in English when ESL
3.Using taser on EDP when known to be ineffective
