Use Of Force Flashcards
Graham V. Conner
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
A seizure occurs when
an LEO terminates a free citizen’s movement by a means intentionally applied, traffic stops, investigative detention, and all arrests are fourth amendment seizures
If seizure occurs, it must be done by law enforcement in an
Objectively Reasonable manner
Objective Reasonableness
- Totality of circumstances
- Perspective of reasonable officer
- On the scene
- At the moment force was used
- No 20/20 hindsight
4th Amendment
right from unreasonable search and seizures “ Reasonableness”
Subjective
opinion
Objective
fact
Graham’s Standard
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.
Elements of Graham’s Standard
- objective reasonableness is always based on facts, someone’s subjective opinion may not be used
- No 20/20 hindsight
- Could be more than one reasonable action
- Officers are often forced to make split second decision.
When is force reasonable
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
The graham factors
act as a checklist, help identify the governmental interest using force
S.I.R.F-
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
Other factors (Graham)
Number of officers Size, age, condition of the officer v.s. The suspect Violent history Psychiatric history Use of alcohol and drugs Innocent bystanders
Identify when deadly force is objectively reasonable
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
Tennessee V. Garner
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
Scott V Harris
- Cements Graham as line test for all use of force cases
- 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
Intermediate weapons
Between deadly force and “hands on”
- Batons
- OC spray
- Electronic Control Devices
What is qualified Immunity
- 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
What two things must be proven in order to disqualify Qualified Immunity
- Plaintiff right was violated
2. Right was “clearly established” at the time of violation
Factors that may cause hesitation
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
Documenting use of force
Conclusions
- No compliant
- Threat
- Fear
Facts
- Did not drop weapon
- Two men and gun
- Pointed gun at men
Terry Stop
Allows the police in US to briefly detain a person based on reasonable suspicion of involvement in criminal activity
Overcoming unnecessary hesitation
- Understanding the law
- Understanding agency policy
- Positive imagery
- Commitment - other than self
- Reality based training
- Personal appearance
- Physical fitness
Two ways to get Qualified Immunity
`*The force was constitutional
*That the law was not clearly established at the time
