Use of Force Flashcards
Conduct which
would otherwise
constitute an
offense is justifiable when?
it is required or authorized by law or by judicial decree
A peace officer who reasonably suspects that a person has committed or is about to commit a crime may stop the person and, after informing the person that the peace officer is a peace officer, make a reasonable inquiry
131.615 Stopping of persons
Authority of peace officer to arrest without warrant
ORS 133.310
2-prong test for use of force.
type and amount
scott v henrick says we need to act within the …
range of reasonableness
9th circuit definition of physical force is?
capable of causing pain or physical injury to a person
deadly physical force
physical force, under circumstances that it is used, is readily capable of causing death or serious physical injury
administrative physical force is?
force that DOES NOT CAUSE pain or injury
intermediate force in accordance with the 9th circuit court is…?
force that creates physiological effects, high levels of pain, and/or foreseeable risk of physical injury
six basic types of suspects are?
Complaint, Passive resist, Evading, active resist, Physical threat, Deadly threat
A person may not use ____ _________ to resist an arrest by a peace officer who is known or reasonably appears to be a peace officer, whether the arrest is lawful or unlawful.
physical force
_____ v ________ the Oregon Supreme Court ruled that the right of self-defense, set out in ORS 161.209, is available to persons being placed under arrest. If the person being arrested reasonably believes the arresting officer is using unlawful physical force, then they have a right to use force in self-defense
In State v. Oliphant
what two things constitute unlawful arrest?
knowingly lacks probable cause OR officer incorrectly believes certain acts are unlawful
two basic types of resistance are?
active and
what two ways can you EVADE
evading by vehicle and by foot
