Use of Force Flashcards
Graham v Connor
The use of force to make an investigatory stop or arrest is a seizure
Seizure
Termination of movement by means intently applied:
- Handcuffing
- Spray
- Tasing
- Hitting
- Shooting
- Killing
Objective Reasonableness (Graham v Connor)
Reasonableness under the 4th amendment is not capable of precise definition or mechanical application, Whether the officer is reasonable or not is based upon the totality of the circumstances and must be articulated in court
Forcible Felony
Any felony which involves the use of threat of physical force or violence against
Color of Law
The appearance without the substance of a legal right. Usually implies a misuse of power
Officers Response
Presence, Verbal Commands, Physical Control, Non Deadly Force, Deadly force
The officer must use only the minimum amount of force
False-No court has ever said this
An objective opinion
No influenced by personal feelings, or prejudice based on facts
Excessive Force
Force that is not objectively reasonable
Authority to Use Force
Subject has no authority to resist if the officer is in the lawful discharge of their official duties
Non deadly force
A person reasonably believes force is necessary to defend self or others from the use of unlawful force
Use of Force Objective
The objective of the use of force by peace officers in any situations is to gain or maintain control of an individual
Continuums don’t work because
Violent history of the suspect, Duration of the action, Size, Age, Condition of the officer and the suspect