UoF

Question 1

Two Primary Use of Force
Statutes in Colorado

Answer 1

1. 18-1-704
2. 18-1-707

Question 2

18-1-704

Answer 2

– Applies to all people in the State.
– Provides for self-defense through both
physical force and deadly force.
– Is still applicable to peace officers.

Question 3

18-1-707

Answer 3

– Specific statute governing use of force
by peace officers.
– Legislative change in 2020 in response to
death of George Floyd.

Question 4

a person is justified in using physical force upon another person in order to ____

Answer 4

1. defend himself or a third person

Question 5

3 Key aspects of UoF
(18-1-704)

Answer 5

1. reasonably believes
2. imminent unlawful UoF
3. reasonable degree of force necessary

Question 6

When can deadly physical force be used?

Answer 6

only if a person reasonably believes a lesser degree of force is inadequate.

Question 7

3 key parts of use of deadly force
(18-1-704)

Answer 7

1. ground to believe, and does believe
2. imminent danger
3. being killed or receiving great BI

Question 8

concept of imminence

Answer 8

– “Likely to happen without delay.”
– Does suspect have the means (ability),
opportunity (time and distance) and intent.

Question 9

18-1-707 Peace officers

Answer 9

in carrying out their duties:
1. apply nonviolent means
(when possible)

Question 10

When can LE use physical force according to 18-1-707?

Answer 10

only if nonviolent means would be ineffective

Question 11

When physical force is used, a peace officer shall do what?

Answer 11

1. Not use deadly physical force non-
   violent or minor offenses
2. Use force minimization of injury to
   others
3. provide assistance and medical aid
4. Notify relatives or next of kin in
   SBI/death

Question 12

deadly physical force to make an arrest only when

Answer 12

all other means of apprehension are unreasonable:

1. felony involving conduct including use of
   deadly force or threatening
2. suspect poses an immediate threat of
   death/SBI to LE or other person
3. the force employed does not create a
   substantial risk of injury to other
   persons

Question 13

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

Answer 13

True

Question 14

18-8-803

Answer 14

Use of Excessive Force

Question 15

Use of Excessive Force

Answer 15

– 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.

Question 16

18-8-802:

Answer 16

Duty to Report Use of Force

Question 17

Duty to Report Use of Force

Answer 17

– 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.

Question 18

18-8-802(1.5):

Answer 18

Duty to Intervene

Question 19

Duty to Intervene

Answer 19

– Shall intervene/stop another peace
officer from using excessive force.

Question 20

Failure to Intervene must be forwarded to who?

Answer 20

District Attorney

Question 21

What are the penalties for a LE in excessive force?

Answer 21

1.Class 1 misdemeanor
2.POST de-certifying offense.

Question 22

Fourth Amendment:

Answer 22

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated

Question 23

42 USC 1983

Answer 23

Creates liability for the deprivation of any rights, privileges, or immunities secured by the Constitution and laws.

Question 24

Tennessee vs. Garner

Answer 24

(1) Threat with a weapon or crime involving
serious physical harm;
(2) necessary to prevent escape;
(3) warning if feasible.

Question 25

T/F
The killing of a suspect is a “seizure” under the fourth amendment and is constitutional only if reasonable.

Answer 25

True

Question 26

Tenn. v Garner

Answer 26

Prevent the Escape + PC suspect poses a significant threat of death or serious physical injury

Question 27

Graham vs. Conner
Reasonableness factors include What?

Answer 27

– Severity of crime
– Whether suspect poses an immediate
threat to the safety of officer or others
– Degree to which suspect resists arrest or
detention or attempts to evade arrest by
flight

Question 28

Jeopardy Triangle (Force Triangle)**

Answer 28

1. Jeopardy:
2. Opportunity
3. Ability

Question 29

Jeopardy

Answer 29

Your perception of imminent danger, of
suffering serious bodily injury to self or others.

Question 30

Opportunity

Answer 30

Suspects range, distance related to
weapon.

Question 31

Ability

Answer 31

(Means)
The weapon or means to hurt you or others. Your perception is the key.

Question 32

Winning with Use of Force

Answer 32

1. Assure validity of core transaction
2. Maintain proportionality
3. Don’t poison case with bad facts
4. Detailed report

Question 33

REACTION TIME

Answer 33

1. Stimulus Identification
2. Response Selection
3. Response Programming

Question 34

What might happen to you during a use of force critical incident.

Answer 34

Perceptual Distortions Survey

Question 35

What you might experience after a use of force critical incident.

Answer 35

Acute Stress Disorder Symptoms

Question 36

Sympathetic Nervous System

Answer 36

• Increased adrenal activity
• Pupils dilate
• increased sweat glands

Question 37

Flow State

Answer 37

SNS on a spectrum
optimal performance

Question 38

METHODS TO REDUCE SURVIVAL
STRESS

Answer 38

1. SKILL CONFIDENCE
2. EXPERIENCE
3. Visualization
4. Visualization