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Academy > Use Of Force > Flashcards

Use Of Force Flashcards

1
Q

Graham V. Conner

A

All claims that late enforcement officers have used excessive force deadly or not- in the course of an arrest, investigatory stop or other seizure of a free citizen should be analyzed under the fourth amendment and its “objective reasonableness” standard

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2
Q

A seizure occurs when

A

an LEO terminates a free citizen’s movement by a means intentionally applied, traffic stops, investigative detention, and all arrests are fourth amendment seizures

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3
Q

If seizure occurs, it must be done by law enforcement in an

A

Objectively Reasonable manner

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4
Q

Objective Reasonableness

A
  • Totality of circumstances
  • Perspective of reasonable officer
  • On the scene
  • At the moment force was used
  • No 20/20 hindsight
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5
Q

4th Amendment

A

right from unreasonable search and seizures “ Reasonableness”

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6
Q

Subjective

A

opinion

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7
Q

Objective

A

fact

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8
Q

Graham’s Standard

A

objective standard
judges officers through the lens of a reasonable officer, there fore subjective beliefs of the officer himself- good or bad are not relevant.

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9
Q

Elements of Graham’s Standard

A
  1. objective reasonableness is always based on facts, someone’s subjective opinion may not be used
  2. No 20/20 hindsight
  3. Could be more than one reasonable action
  4. Officers are often forced to make split second decision.
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10
Q

When is force reasonable

A

requires a careful balancing of the nature of the intrusion on the suspects’s liberty ( the officer’s conduct/ or force he used) against the countervailing governmental interest at stake ( the facts confronting the officer

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11
Q

The graham factors

A

act as a checklist, help identify the governmental interest using force

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12
Q

S.I.R.F-

A

Severity of crime-refers to the reason for seizing someone in the first place

Immediacy of threat-is the suspect a threat to the officer, or others, or himself

Actively resisting- resisting an arrest or other lawful seizure prevents the officer
from effecting an arrest or investigating a crime

Actively Fleeing- running, vehicle

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13
Q

Other factors (Graham)

A 
Number of officers
Size, age, condition of the officer v.s. The suspect
Violent history
Psychiatric history
Use of alcohol and drugs
Innocent bystanders
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14
Q

Identify when deadly force is objectively reasonable

A

weigh the nature of the intrusion (the force used by the officer) against the countervailing governmental interest at state
1.deadly force is highest level of intrusion on someone’s liberty

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15
Q

Tennessee V. Garner

A

suspect

  • If officer is threatened with a weapon or life of another is so endangered
  • Probable cause to believe suspect has committed a crime involving
  • The infliction or threatened infliction of serious physical harm
  • Deadly force may be used if necessary to prevent the offender’s escape
  • Where feasible,the officer must give warning of the intent to use deadly force
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16
Q

Scott V Harris

A
  1. Cements Graham as line test for all use of force cases
  2. Court found officer’s actions to be “reasonable” under 4th Amendment
  • Certain preconditions that must be met since these preconditions for using deadly force were not met
  • All use of force should be looked at using graham’s objective reasonableness standard
17
Q

Intermediate weapons

A

Between deadly force and “hands on”

  • Batons
  • OC spray
  • Electronic Control Devices
18
Q

What is qualified Immunity

A
  • Prevents judges from second guessing police officers
  • Affirmative defense, makes LEO immune from civil liability
  • allows officers to perform duties without fear
  • allows plaintiff to recover damages
19
Q

What two things must be proven in order to disqualify Qualified Immunity

A
  1. Plaintiff right was violated

2. Right was “clearly established” at the time of violation

20
Q

Factors that may cause hesitation

A 
Personal Beliefs
* Fear of inflicting aggression
* Resistance to killing
* Own mortality
* Religion
* Fear of losing job
Legal misunderstanding 
* Agency policy
Common restrictions
* Warning shots
* Moving vehicles
* Exhaust lesser means
Minimal force
Societal expectations
Belief in endless lawsuits
Media Persecution
21
Q

Documenting use of force

A

Conclusions

  • No compliant
  • Threat
  • Fear

Facts

  • Did not drop weapon
  • Two men and gun
  • Pointed gun at men
22
Q

Terry Stop

A

Allows the police in US to briefly detain a person based on reasonable suspicion of involvement in criminal activity

23
Q

Overcoming unnecessary hesitation

A
  • Understanding the law
  • Understanding agency policy
  • Positive imagery
  • Commitment - other than self
  • Reality based training
  • Personal appearance
  • Physical fitness
24
Q

Two ways to get Qualified Immunity

A

`*The force was constitutional

*That the law was not clearly established at the time

Academy (5 decks)

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