Use of Force Flashcards
What is the leading case on use of force?
Graham v. Connor
What are the 3 main Use of force Supreme Court cases?
Graham v. Connor 1989
Tennessee v. Garner 1985
Scotty v. Harris 2007
What makes force reasonable?
Facts
What are the Graham factors?
The severity of the crime
The immediacy of the threat
Actively resisting arrest
Attempting to evade arrest by flight
What objectives may need reasonable force to complete?
Detentions Frisks Arrests Self defense Defense of others Defense of property Preventing a person from self-injury or protective custody commitments Preventing a person from destroying evidence Stopping a riot Preventing prisoner escapes
What are some pre-assault indicators?
Verbal aggression- yelling, swearing
Change in posture- stands up straight, sets head and shoulders, moves away/closer, points at officer, balls fist and/ or loads arm, blades body, lowers center of gravity, shifts weight
Aggression redirected to something/someone else, such as breaking pencils, kicking objects, yelling at bystanders
Hands tighten, open or closed, arms and shoulders will shift
Bobbing or rocking, stops all motion, becomes rigid
What factors may cause unnecessary hesitation when an officer uses force?
Improper training Psychological inhibitions- resistance to killing Personal beliefs Legal misunderstanding Agency policy Learned behavior Societal expectations Belief in endless lawsuits Media persecution Physiological changes Jumpy, easily startled Urge to urinate or defecate
What are some methods of overcoming unnecessary hesitation in use of force applications?
Mental preparation Proper training Belief in mission Officers personal appearance Physical fitness Understanding of the law Reality based training Continuous positive visualization Understanding of their agency's policy Commitment to family and friends The will to win/warrior mindset
