Use of Force Flashcards
What is the definition for Use of Force?
- Any physical strike or instrumental contact with a person
- any intentional attempted physical strike or
- instrumental contact that does not take effect
- or any significant physical contact that restricts the
movement of a person.
Does force include escorting or handcuffing a person with no resistance?
No
Name some techniques police use that will be considered using force? 10 points
Force includes, but is not limited to, the use of the following on a human being: o Control holds o Takedowns o WRAP o Hands/Feet o Striking tool o Pepper spray o Taser (ECD) o Pressure points o Pointing of a firearm o Discharging a firearm
The reasonableness of a particular use of force must be judged by what?
The reasonableness of a particular use of force must be judged from the perspective of a reasonable
officer on the scene, rather than with the 20/20 vision of hindsight.
The calculus of reasonableness of a particular use of force must embody allowance for what?
The calculus of reasonableness must embody allowance for the fact that officers are often forced to make split-second judgments - in circumstances that are tense, uncertain and rapidly evolving – about the amount of force that is necessary in a particular situation.
Is the test of reasonableness capable of precise definition or mechanical application?
No
Must the force be reasonable under the circumstances known to the officer at the time the force was used?
Yes
Officers will be using a three pronged test in order to test whether a particular use of force was reasonable, as outlined in what court case?
What are the three prongs?
Officers will use the three-prong test as outlined in Graham v. Connor 490 US 386 (1989) to decide if
using force under the circumstances confronting them is objectively reasonable:
What is the severity of the crime at issue?
Is the suspect an immediate threat to officers or others?
Is the suspect actively resisting arrest or attempting to evade seizure by flight?
Where a situation, such as a medical emergency, does not fall within the Graham test, because the
person in question has not committed what three things?
the officer should consider the factors as outlined in what court case?
And what factors should officers consider?
- has not committed a crime,
- is not resisting arrest and
- is not directly threatening the officer
The court case is Estate of Corey Hill v Miracle.
Whether the person is experiencing a medical emergency that renders him/her incapable of making
a rational decision under circumstances that pose an immediate threat of serious harm to himself
or others.
Officers should consider and evaluate information provided to them by first responders and health
care professionals having knowledge, training and experience concerning the person’s medical
condition.
Whether some degree of force is reasonably necessary to mitigate the immediate threat?
Whether the force to be used is excessive (more than reasonably necessary) under the
circumstances?
In June of 2013, Deputy Christopher Miracle was called to assist EMS at a call for a diabetic emergency. A paramedic was able to obtain a blood glucose level of 38, and began attempting to initiate an IV. The patient became extremely combative, ripped out his IV causing blood to spray, and began swinging and kicking at the paramedics as they tried to restrain him. The deputy deployed his taser in drive-stun mode to Hill’s right thigh. Hill calmed down enough for the paramedic to re-establish the IV and administer dextrose. Hill then became alert and apologized for any problems.
Hill later filed suit, alleging that as a result.of the taser deployment, he suffered burns on his right thigh, and that his diabetes worsened. In May of 2015, Hill died of complications of his diabetes.
As in Graham, the court went on to say that these questions should guide the answer as to whether, under the totality of circumstances, the officer’s actions were objectively reasonable.
The court ultimately found that in this case, Miracle’s use of the taser was objectively reasonable, noting that Hill was incapable of making rational decisions and posed a threat to the EMTs trying to take care of him. The court rejected an argument that Miracle could have avoided the threat by walking away, noting that this argument ignored the fact that Hill was a threat to himself if left untreated.
This is an important decision that could also affect EMS personnel employed by government agencies who use chemical restraints on individuals presenting as violent patients, or with mental health emergencies. The appropriate use of force by law enforcement, or chemical restraints by EMS, could prevent escalation of these events into officer involved shootings, or excited delirium deaths.
In determining the appropriate level of force, officers shall evaluate each situation in light of facts and circumstances of each particular case. Those factors may include but are not limited to what?
Information reported to the officer;
The threat or resistance presented by the subject;
The degree of imminent threat posed by the subject;
Potential for injury to citizens, officers or subjects;
The risk or apparent attempt by the subject to escape;
The conduct, both verbally and physically, of the subject being confronted;
The suspect’s apparent mental and physical state;
Opportunity to develop a plan or approach;
Experience and skill level of the officer;
Physical difference between officer and subject;
The proximity or access to weapons; and
Environmental factors and/or other exigent circumstances.
When is the use of deadly force authorized?
Use of deadly force is authorized by officers to protect themselves or others from what is reasonably
believed to be an imminent threat of death or serious bodily injury.
What is the definition of imminent?
“Imminent Threat” – Imminent does not mean immediate or instantaneous, but that an action is
pending. Thus, a subject may pose an imminent danger even if he is not at that very moment pointing a weapon at the officer
For example, imminent danger may exist if officers have probable cause to believe any of the following:
The subject possesses a deadly weapon, or is attempting to gain access to a weapon, indicating an
intention to use against the officer or others; or
The subject is armed and running to gain a tactical advantage of cover; or
A subject with a capability of inflicting death or serious physical injury, or otherwise incapacitating
officers without a deadly weapon, is demonstrating an intention to do so; or
To prevent the escape of a fleeing violent felon;
If the officer has probable cause to believe that the person has committed a crime involving the
infliction or threatened infliction of death and/or serious bodily harm;
The use of force is necessary to prevent the escape, meaning the officer has no other reasonable
non-deadly alternative at the moment for apprehending the person; and
The officer gives some warning of the imminent use of deadly force when feasible
Are chokeholds considered deadly force?
Yes
Are warning shots prohibited?
Yes
