Use Of Force

Question 1

Handcuff Nomenclature (9 parts)

Answer 1

1. Single strand
2. Double strand
3. Rivot
4. Lock housing
5. Swivel
6. Chain
7. Keyhole
8. Double lock
9. Single strand teeth

Question 2

6 components of handcuffing

Answer 2

Immobilized
Control
Handcuff
Search
Monitor
Transport 

Question 3

When can/should an officer use force ?

Answer 3

Shall not use force unless de escalation tactics have been attempted and failed or not feasible based on the totality of the circumstances

Question 4

Prohibited uses of force

Answer 4

Shall not intentionally sit kneel or stand on an individuals chest neck or spine AND shall not force an individual to lie on their stomach.

Can’t obstruct the airway or restrict blood flow

Question 5

550 CMR 6.00 (Chokeholds)

Answer 5

Can’t use it.

Intent of it with the result of causing bodily injury, unconsciousness or death

Question 6

Graham v. Connor

Answer 6

From now on, all use of force issues must be analyzed under the 4th amendment and its reasonableness standard

Officers actions must be objectively reasonable in light of the facts and circumstances confronting them without regard to their underlying intent or motivation

Tense, uncertain, rapidly evolving

Question 7

Graham Factors - SIRF

Answer 7

Severity
Immediacy
Resisting
Flight

Question 8

Tennessee v. Garner

Answer 8

• Shall not use deadly force unless de- escalation tactics attempted and failed or not feasible
• Force necessary to prevent harm
• amount of force is proportionate to threat of harm
• Imminent harm of death/SBH to officer or another person
• Officer attempts as many de-escalation tactics as feasible
• Amount of force is objectively reasonable

The use of any force must be reasonable at the time force is applied

Question 9

Duty to intervene

Answer 9

An officer who observes another officers using physical force, including deadly force beyond that which is necessary or objectively reasonable based on the totality of the circumstances shall report the incident to an appropriate supervisor as soon as reasonably possible but not later than the end of the officers shift

Can’t retaliate

Question 10

Commonwealth v. Adams

Answer 10

• The S/C held that because the defendant bystander officers shared the mental state of anger and frustration resulting from the chase, and were fully aware, and approved, of the excessive force taking place, that they were not only liable simply due to their failure to intervene to protect plaintiff’s civil rights, but also as joint tortfeasors.
• SJC has held that additional officers who are present at a scene, but do not actually use any force on a victim, may still be held liable for excessive force used by other officers. The failure of the non-battering officers to intervene was itself a violation of plaintiff’s civil rights, and holding all the officers present personally liable.

If you know someone is doing something they should’ve be doing, you should interne or report it

Question 11

Hill v. Miracle

Answer 11

Factors in Graham are not applicable in medical cases, it is necessary to identify a different

Question 12

Hill Test

Answer 12

Like SIRF but for medical emergencies:

1.) Was the person experiencing a medical emergency that rendered him incapable of making a rational decision under the circumstances that posed an immediate threat of serious harm to himself or others?
2.) Was some degree of force reasonably necessary to ameliorate the immediate threat?
3.) Was the force used more than reasonably necessary under the circumstances ?

Question 13

Totality triangle

Answer 13

Perceived circumstances
Perceived subjects actions
Reasonable officers Response

Question 14

Range of reasonableness

Answer 14

What one officer may perceive as a threat, another may not.

Force used by officers in a particular situation may also be different.
Differences in individual officer perception and tactic weapon choice do not automatically mean force used by one over another was unreasonable.