UoF Flashcards
Two Primary Use of Force
Statutes in Colorado
- 18-1-704
- 18-1-707
18-1-704
– Applies to all people in the State.
– Provides for self-defense through both
physical force and deadly force.
– Is still applicable to peace officers.
18-1-707
– Specific statute governing use of force
by peace officers.
– Legislative change in 2020 in response to
death of George Floyd.
a person is justified in using physical force upon another person in order to ____
- defend himself or a third person
3 Key aspects of UoF
(18-1-704)
- reasonably believes
- imminent unlawful UoF
- reasonable degree of force necessary
When can deadly physical force be used?
only if a person reasonably believes a lesser degree of force is inadequate.
3 key parts of use of deadly force
(18-1-704)
- ground to believe, and does believe
- imminent danger
- being killed or receiving great BI
concept of imminence
– “Likely to happen without delay.”
– Does suspect have the means (ability),
opportunity (time and distance) and intent.
18-1-707 Peace officers
in carrying out their duties:
1. apply nonviolent means
(when possible)
When can LE use physical force according to 18-1-707?
only if nonviolent means would be ineffective
When physical force is used, a peace officer shall do what?
- Not use deadly physical force non-
violent or minor offenses - Use force minimization of injury to
others - provide assistance and medical aid
- Notify relatives or next of kin in
SBI/death
deadly physical force to make an arrest only when
all other means of apprehension are unreasonable:
- felony involving conduct including use of
deadly force or threatening - suspect poses an immediate threat of
death/SBI to LE or other person - the force employed does not create a
substantial risk of injury to other
persons
T/F
Must identify self as peace officer and give clear verbal warning of intent to use deadly force, with sufficient time for the warning to be observed
True
18-8-803
Use of Excessive Force
Use of Excessive Force
– If you do, you are subject to the criminal laws.
– Excessive force is presumed if you continue applying excessive
force once someone has been rendered incapable of resisting arrest.
18-8-802:
Duty to Report Use of Force
Duty to Report Use of Force
– Must report force witnessed that is in
excess of 18-1-707.
– Report must be made in writing within 10
days.
– Failure to do so is a class 1 misdemeanor
and POST de-certifying offense.
18-8-802(1.5):
Duty to Intervene
Duty to Intervene
– Shall intervene/stop another peace
officer from using excessive force.
Failure to Intervene must be forwarded to who?
District Attorney
What are the penalties for a LE in excessive force?
1.Class 1 misdemeanor
2.POST de-certifying offense.
Fourth Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated
42 USC 1983
Creates liability for the deprivation of any rights, privileges, or immunities secured by the Constitution and laws.
Tennessee vs. Garner
(1) Threat with a weapon or crime involving
serious physical harm;
(2) necessary to prevent escape;
(3) warning if feasible.
