Use of Force Flashcards
T or F: Do the courts use 20.20 hindsight?
False
Write in three examples of immediate force options
OC, Baton, Taser
Immediate threat of serious physical injury or death, based on the TOC it is objectively reasonably believed that a person has a present apparent __ __ __ to immediately cause death or serious bodily injury to a police officer or another person
ability, opportunity, intent
6 situational factors
- known history
- number of people/ number of officers
- environment
- violator/ officer mismatch
- access to weapons
- physical capacity/ capability of officer
T or F: the use of force by police, upon citizen is considered a seizure under the 4th
True
3 levels of force
- force
- immediate force
- deadly force
T or F: Police can use reasonable care when determining when to use physical force or when using physical force against another person
true
quantum of force (Multiple choice)
reasonably foreseeable effects and injuries of a chosen option under the totality of the circumstances of the force option used
T or F: Peace officers should not be criminally liable for using deadly force when good faith is an objective standard where all the facts to believe the officers use of deadly force was necessary to prevent death or serious bodily harm against the officer or another person
True
List 3 circumstances where reasonable care is supposed to be used
Pregnant person, elderly, suicial
T or F: regardless of immediate force options used, each use of force needs to be articulated
True
T or F: for the courts, part of the calculus used for determining whether or not the officers use of force was necessary or reasonable involves weighing the nature of the intrusion against the government interest
True
T or F: A police officer shall use a reasonable care when determining weather to use physical force or when using physical force against another person
True
define physical force
any act reasonably likely to cause physical pain or injury or any other act expected upon a person’s body to compel, control, constraint, or restrain the person’s movement.
Fill in the blank for the super long paragrpah in order
Probable cause, Terry Stop, imminent threat
what are the 4 graham’s?
- immediate threat to officers
- whether the violator is actively resisting or attempting to flee (if Yes, what level of resistance?)
- severity of the alleged crime
- availability of other means of apprehension
define what condition can a police officer use deadly force?
a police officer may use deadly force against another person only when necessary to protect against an immediate threat of a serious physical injury or death to the officer or another person.
list two instances in which police officers can use force
- execute a search warrant
2. taking a minor into custody
list at least 3 acts that are not use of physical force
- pat downs
- cuffing
- verbal communications
define deadly force
the intentional application of force through the use of firearms or any other means reasonably likely to cause death or serious physical injury
TOC = what?
643
define necessary
“necessary” means that, under the totality of the circumstances (TOC), a reasonably effective alternative to the use of physical force or deadly force does not appear to exist, and the type and amount of physical force or deadly force used is a reasonable and proportional response to effect the legal purpose intended or to protect against the threat posed to the officer or others.
