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1
Q

Free Citizen

What is the 4th Amendment related to?

1st phase of life

A

Search and Seizure

Graham V Conner

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2
Q

Pre-Trial Inmates or In-custody

What is the 14th Amendment related to?

2nd phase of life

A

Due Process

Kingsley v Hendrickson

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3
Q

Post-Conviction

What is the 8th Amendment related to?

3rd phase of life

A

Cruel and Unusual Punishment

Whitley V Albers

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4
Q

Which case law says Use of Force is a seizure under 4th Amendment?

A

Graham V Conner

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5
Q

What are the two types of seizures?

A
  1. Actual (physical force)
  2. Constructive (show of force)
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6
Q

Killing someone is the ____________ seizure.

A

Ultimate

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7
Q

What is Tier 1 in police-citizen encounters?

A

Police Citizen Encounter

Voluntary

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8
Q

What is Tier II in police-citizen encounters?

A

Terry Stop and Frisk

Must have ARS to stop and ARS to Frisk

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9
Q

Every citizen has certain rights from _______________ government intervention.

A

Unreasonable

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10
Q

Whether the officer is reasonable or not is based upon the totality of the circumstances known to the officer at the ___________ the force was used.

A

Moment

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11
Q

Courts will consider any ___________ that the officer knew at time force was used.

A

Objective Facts

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12
Q

What are the Four Prongs of Graham V Conner?

A
  1. Severity of Crime
  2. Immediate threat
  3. Actively Resisting Arrest
  4. Evading arrest by flight
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13
Q

What are other factors considered in Graham V Conner?

A
  1. Number of suspects / officers
  2. Size, age, condition of officer
  3. Duration of the action
  4. Known previous psychiatric history of the subject
  5. Known previous violent history of the subject
  6. Use of alcohol or drugs by the subject
  7. Presence of innocent bystanders
  8. Time of day (environmental conditions)
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14
Q

O.C.G.A. 17-4-20 covers deadly force justification for who?

A

Law Enforcement

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15
Q

O.C.G.A. 16-3-21 covers deadly force justification for who?

A

Everyone

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16
Q

What is Tennessee V Garner an example of?

A

When Deadly Force is Reasonable

Example: 15 year old Garner, burglary, fled on foot. started to jump fence. Officer shot him.

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17
Q

What does Scott V. Harris state?

A

It does not matter what is used for force so long as it is reasonable. Suspect is responsible for all Injuries, not Officer.

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18
Q

What factors does the court use to determine objective reasonableness?

A
  1. Totality of Circumstances
  2. Perspective of Reasonable Officer
  3. Facts Known at Time Force was Used w/o 20/20 Hindsight
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19
Q

What facts are used to consider if force was reasonable?

A

Alcohol/ Drug Use, Mental History, Innocent Bystanders, Availability of Weapons, Suspect/Officer Ratio, Condition of Officer/Suspect, Time of Day, Environmental Factors, Previous Violent History, and Pre-Assault Indicators

20
Q

What are Objective Facts?

A

Evidence that you can examine and evaluate for yourself. Not influenced by personal feelings, interpretation, or prejudice.

21
Q

What does S.E.T. stand for?

A

S - Safety
E - Environment
T - Time

22
Q

What are the three types of liability?

A
  1. Criminal
  2. Civil
  3. Administrative
23
Q

What is Criminal Liability?

A

Liability that arises out of breaking a law or committing a criminal act.

Example: Violation of state law, false arrest, excessive use of force and failure to use due regard.

24
Q

What is Civil Liability?

A

Liability can result in monetary awards for nominal, or punitive damages or injunctions.

Example: Violation of state law, false arrest, excessive use of force, and failure to use due regard.

25
What type of liability may result from violating rules, regulations or procedures?
Administrative Liability
26
What are the types of Agency Liability?
1. Vicarious Liability 2. Negligent Hiring 3. Negligent Retention 4. Failure to Train
27
What is O.C.G.A. 16-1-3?
The Officer Admits the Act but Seeks to Justify, Excuse, or Mitigate it.
28
What is an Affirmative Defense?
Affirmative Defense: Examples 1. Justification - a person's conduct may be justified (lawful) - Self Defense - Defending a third person against unlawful force
29
What is Title 18 USC 241?
Conspiracy Against Rights (Two or More Persons) Federal Criminal
30
What is Title 18 USC 242?
Deprivation of Rights Under Color of Law (Acting Alone) Federal Criminal
31
What is 42 USC 1983?
Violation of Federal Civil Rights
32
What are Nominal Torts?
Damage awards with no actual financial loss as of legal wrongdoing.
33
What are Actual Torts?
Money awarded to compensate actual loss.
34
What are Punitive Torts?
Monetary Awards meant to punish.
35
What are the categories of State Torts?
1. Intentional 2. Negligent
36
What are Negligent Torts?
The failure to do something that a reasonable man would do or the doing of something which a reasonable man would not do under the existing circumstances.
37
What are the elements of Negligent State Torts?
1. Duty 2. Breach 3. Injury 4. Loss or Damage
38
What are Intentional Torts?
Involves intentional action by the defendant which cause consequences to the plaintiff (injury) which amounted to an unreasonable interference to the plaintiff.
39
What are the elements of Intentional State Torts?
1. Action 2. Cause 3. Injury
40
What is Probable Cause? ## Footnote Defenses to State Tort claim
Facts or Circumstances that Would Make a Reasonable or Prudent Person Believe a Crime is Being or Has Been Committed.
41
What is Immunity?
Any exemption from duty, liability, or service of process; especially such an exemption to a public official.
42
What is Qualified/Official Immunity?
Immunity from civil liability for a public official who is performing a discretionary function, as long as the conduct does not violate clearly established constitutional or statutory rights (Law Enforcement).
43
What is Absolute Immunity?
Complete exemption from civil liability usually afforded to officials while performing particularly important functions, such as judge presiding over lawsuit or representative enacting legislation.
44
What is Quasi-Judicial Immunity?
Certain officials are immune if performing judicial-type functions but when performing other functions connect to their office. Ex. Bailiff.
45
What is Summary Judgement?
Judgment granted on a claim about which there is no genuine issue of material fact and upon which the movant is entitled to prevail as a matter of law.
46
What is the Saucier Katz Two-Prong Test?
1. Violation of Constitutional Rights 2. Right Clearly Established at Time

Use of Force (2 decks)

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