Use of Force

Question 1

What is the most common reason a highly competent LEO would use excessive force?

Answer 1

Lack of Training

Question 2

Priority of Life

Answer 2

Civilians
Cops / Responders
Suspects

Question 3

Which MCA codes state force is justified?

Answer 3

Method of Arrest (46-6-104)
Investigative Stops and Frisk (46-5-401)
Use of Force in Defense of a Person (45-3-102)
In Defense of Occupied Structure (45-3-103)
Use of Force in Defense of Other Property (45-3-104)

Question 4

An arrest is made by an actual _____ of the person to be arrested or by the ______ to the custody of the person making the arrest.

Answer 4

Restraint
Persons submission

Question 5

All _____ and _____ force may be used in making an arrest.

Answer 5

Necessary
Reasonable

Question 6

Person reasonably believes that such conduct is necessary for self-defense or defense of another.

Answer 6

Use of Force in Defense of a Person

Question 7

Use of force is necessary to prevent or terminate the other persons unlawful entry into or attack upon an occupied structure.

Answer 7

Use of Force in Defense of Occupied Structure

Question 8

The appropriate inquiry in whether the officer acted reasonably, not whether they had less intrusive alternatives available to them.

Answer 8

Scott v. Harris

Question 9

In 1985 US Supreme Court Case regarding use of deadly force by law enforcement officer. You cannot use deadly force on a fleeing felon unless the risk of death or serious bodily injury is greater if they flee.

Answer 9

Tennessee v. Garner

Question 10

When orders to drop the weapon have gone unheeded, an officer is not required to wait until an armed and dangerous felon has drawn a bead on the officer or others before using deadly force.

Answer 10

Montoute v. Carr

Question 11

In 1989 US Supreme Court Case regarding use of any and all force by a law enforcement officer.

Answer 11

Graham v. Connor

Question 12

Use of Force Calculus

Answer 12

What was the severity of the crime?
Was the subject an immediate threat?
Did the subject obey clear commands?
Did the subject attempt to evade arrest?
Was a warning given prior?

Question 13

Legal test that considers all relevant factors in a situation to determine if there is probable cause.

Answer 13

Totality of the Circumstances

Question 14

Objectively Reasonable

Answer 14

Officer’s actions are objectively reasonable in light of the facts and circumstances confronting them.

Question 15

Indicates that the action or threat perceived by the officer is imminent or in the here and now, but not necessarily instantaneous. Subject must be in a position in which they can use their ability / capability to carry out the action.

Answer 15

Opportunity

Question 16

The mental state initiating an overt act in the furtherance of a threat or action.

Answer 16

Intent

Question 17

Within the normal realm of control, the vast majority of officer/subject encounters are positive and cooperative. Officer can maintain or gain compliance to commands via respect, acceptance, verbalization skills.

Answer 17

Compliant

Question 18

Subject offering no physical or mechanical energy enhancement toward the resistance effort.

Answer 18

Resistant (Passive)

Question 19

Individual has directed his/her physical strength and energy in achieving and or maintaining a posture of resistance.

Answer 19

Resistant (Active)

Question 20

Active, hostile, non-compliance, culminating in an actual attack upon the officers or others.

Answer 20

Assaultive (Bodily Harm)

Question 21

Officers can draw a reasonable conclusion that he/she or another would be subject to death or great bodily harm as a result of the subject’s attack.

Answer 21

Assaultive (Harm/Death)