TOC/OR Flashcards
TOC/OR = 835(2)
Totality Of Circumstances/Objective Reasonableness = 835(2)
8 - Officer/Subject Factors
3 - Levels of Force
5 - Graham Factors
5 - When Force Can Be Used
8 - Officer/Subject Factors
1) Number of Officers vs. Number of Subjects
2) Proximity to potential weapons
3) Age, Size, Gender, Relative strength
4) Special knowledge or skills
5) Injury or exhaustion
6) Mental illness or drug usage
7) Prior contacts
8) Environmental Factors
3 - Levels of Force
1) Non-Deadly - Presence, Verbal, Empty Hand Control, Personal Weapons
Objectively Reasonable; Defense of Self/Others; PC 835(a)
2) Intermediate - OC, ECD, Impact Weapons, K9, Personal Weapons.
Objectively Reasonable; PC 835(a) + Active Resistance + Threat of Harm
3) Deadly
Types of Resistance
1) Passive Resistance (Non-compliant, such as going limp)
2) Active Resistance (Threat of Harm; or tensing up or pulling away,running away)
3) Assaultive Resistance (Striking, etc)
5 - Legal Uses Of Force
835(a) PC / Officers must have a lawful purpose to use force
1) Defense of Self
2) Defense of Others
3) Overcome Resistance
4) Effect Arrest
5) Prevent Escape
835(a) PC
“Any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect an arrest, prevent escape, or overcome resistance. A peace officer who makes or attempts to make an arrest need not retreat or desist from their efforts by reason of resistance or threatened resistance. A peace officer shall not be deemed an aggressor or lose their right to self-defense by the use of reasonable force.”
5 - Graham Factors
Did officer have standing (were they supposed to be there)
1) Immediate Threat to Officers or others
2) Active Resistance
3) Severity of the crime
4) Attempting to evade/escape
5) Split-Second Decisions (incidents are tensed, quick and rapidly evolving)
Graham vs. Connor
The reasonableness of a seizure turns on “whether… officers’ actions are objectively reasonable in light of the facts and circumstances confronting them.”
Which is deemed by…
“The nature and quality of the intrusion on the individual’s Fourth Amendment interests against the countervailing governmental intersects at stake.”
Fourth (4th) Amendment
Prohibits unreasonable Searches and Seizures
Applies to persons, places, things (belongings)
Applies to Use of Force on “Free Citizens” (the public) and pre-trial detainees
Objective Reasonableness
What is your Use of Force Policy?
To use force that is
OBJECTIVELY REASONABLE
under the
TOTALITY OF THE CIRCUMSTANCES
Use of Force Reporting Procedures
An arrest or investigation report SHALL be prepared for ALL Use of For e incidents.
Such reports SHALL be documented on the Potential Civil Litigation Report (PCL)
Fight, Flight Response or Comply
1) Response to a novel stimulus or fear
2) Prepares the body for combat, egress or trauma
3) Autonomic Nervous System (ANS) (Same system that makes your heart beat, hair grow. Etc)
Or Fight, Flight or Freeze
Physiological Effects (part 1)
1) Muscle Tension
2) Voice Octave Changes
3) Pupil dilation
4) Increase blood pressure
5) Increase heart rate
6) Sweaty palms
7) Dry mouth
Physiological Effects (part 2)
1) Tremors
2) Deterioration of fine/complex motor skills
3) Tunnel Vision
4) Poor Depth Perception
5) Breathing rate increases
6) Auditory Exclusion
Blood is diverted to major organs and away from extremities, digestive system, unnecessary organs)
Tactical Breathing Instructions
Why?
1) In through the nose - 4 seconds
2) Hold at the peak - 4 seconds
3) Out through the mouth - 4 seconds
Slows down controls the respiratory frequency
Increase depth of breathing
Reduces anxiety under stressful conditions
Raises one’s threshold of tolerance to pain
Increases cognitive thinking
