Use Of Force Flashcards
What is the case law regarding the 4th Amendment?
Graham vs Connor and Tennessee vs Garner
What is the standard for Graham vs Connor?
Objective Reasonableness
What is objective reasonableness?
Is the use of force “objectively reasonable” in light of the facts and the totality of the circumstances confronting the officer at the moment?
What are the 4 “totality of the circumstances” points described as
- Is the suspect an immediate threat to officers/others?
- Is the suspect actively resisting arrest OR attempting to evade Seizure by flight?
- Are the circumstances tense, uncertain, and rapidly evolving?
- What is the severity of the crime at issue?
Define “Objective”
- Not what the officer assumes
- Only what the officer knows at the moment force is used
- It presupposes that any other “reasonable prudent officer” would have done the same thing in those same circumstances
“Reasonableness” is demonstrated by a proper balance between the:
Nature and quality (how?) of the intrusion and the Governmental interests (why?) behind the intrusion
What is the standard for Tennessee vs Garner?
Objective Reasonableness
In the case of a fleeing felon, deadly force can only be used if:
The Officer has probable cause to believe that the suspect has committed a crime involving the infliction or the threatened infliction of serious physical harm
AND
The use of deadly force is necessary to prevent escape
AND
The officer must give some warning of the imminent use of force if feasible
What does the 8th Amendment cover?
Cruel and Unusual Punishment
What is the standard for the 8th Amendment?
Deliberate indifference and maliciously and sadistically to cause harm
Who does this apply to?
Convicted persons
What are the 5 points to the 8th amendment?
- Was the threat reasonably perceived by the responding officer?
- What was the need/reason for the use of force?
- What was the relationship between the need to use force and the amount of force that was actually used?
- Any efforts made to temper the severity of a forceful response?
- What was the extent of the injuries inflicted?
What does the 14th Amendment cover?
Pursuits and serious medical needs
What is the standard for the 14th Amendment?
Due process, shocks the conscience
Whop does the 14th Amendment apply to?
Free un-seized people
What are the 4 points for deliberate indifference to serious medical needs?
- Serious medical need exists
- The officer had knowledge of the need
- The officer deliberately or intentionally acted or refused to act
- Officer’s conduct caused harm
What is the priority of life?
- Hostages
- Innocent Civilians
- Law Enforcement Officers
- Suspects
- Evidence
When is a chokehold acceptable?
When deadly force is justified
What should deputies not do when restraining subjects?
“hog-tie” or place in any position that may restrict or impair respiration
What 4 things must happen while rending aid after a use of force?
- if a subject sustains an injury a Deputy will render aid as soon as possible
- The aid rendered will be in accordance with their training and experience
- Medical personnel will be notified as soon as possible and requested to respond to the scene
- A supervisor of this Office should be notified of the situation as soon as possible if there is any injury as a result of the use of force
What are the required reports for a non-deadly use of force?
- Incident report
2. Use of Force report
