Use of Force 5.17.16 Flashcards
Bodily Harm
Physical pain, temporary disfigurement
Serious Bodily Harm
Life changing injury, carries risk of death, loss of limb, change in function of organ/member…automatically includes the results of aggravated sexual assault or sexual assault
Reasonable force applies to
Everyone (civilian or police)
Self-defense
Lawful if believed to be necessary to protect against unlawful use of force by another (including police)
Because it’s an unlawful arrest, force is justified.
False
Officer is using unlawful excessive force, so one can use force to defend from police
True..if police uses excessive force, one may use force to defend
An officer excessively uses force, such as using his fire arm when a person clearly is not posing such a danger, is the person then justified in using a fire arm to defend themselves against the police?
Yes. Because the cop was using excessive (unlawful) force, the person may use deadly force themselves to defend themselves.
If Sam intervenes because he reasonably believes deadly force is necessary to save a victim’s life, Sam is justified in using such force
True. BUT, if Sam knows that he can cause/help the victim to retreat/escape in complete safety, Sam is not justified in using such force
If Sam provokes Joe into using deadly force, Sam can justifiably use deadly force to then defend himself from Joe
False, you can’t set someone up into using deadly force just to use deadly forcec against them
If you’re being attacked with deadly force, but you have an escape route, you must attempt to use it first before using deadly force to defend yourself
True. This applies only to civilians or if you’re in your home. But, if the escape can cause serious injury or death (such as jumping off a bridge being the only escape) the civilian does not have to do that. Use of deadly force would be justified.
Sam wants to commit suicide by jumping off a bridge, so Joe the P.O. shoots his leg, hoping to get him on the ground to prevent him from jumping. Miraculously, Joe’s strategy works and Sam lives. Joe’s work was lawful because Sam survived.
False. Although Sam survived, use of deadly force is not warranted when prevented suicide.
What 2 types of force are warranted when preventing suicide?
Physical and Mechanical
Sam saw Joe pouring gasoline all over his car and then saw Joe get a match to light it on fire, so Sam got his gun and shot Joe. Sam was justified in using such force.
False, deadly force cannot be used to defend against property.
Sam saw Joe pouring gasoline all over his car, which had his puppy inside, and then saw Joe get a match to light it on fire, so Sam got his gun and shot Joe. Sam was justified in using such force.
False. Cars and pets are considered property so such force is not warranted.
Sam say Joe pouring gasoline all over his car, which had his baby inside, and then saw Joe get a match to light it on fire, so Sam got his gun and shot Joe. Sam was justified in using such force.
True. Sam used deadly force to defend his a human being, so deadly force is justified.
AG’s guidelines on use of force state what?
1) It should never be routine
2) Should be objective, reasonable, and necessary
3) Should be based on objective assessment, training/experience, reasonable inferences
What are the force options, in order of least force to most force?
Think of it as CPP-MED
1) Constructive Authority
2) Physical Contact
3) Physical Force
4) Mechanical Force
5) Enhanced Mechanical Force
6) Deadly Force
Constructive Authority
Doesn’t involve physical contact, uses officer’s authority to exert control (verbal commands, unholstering weapon)
Physical Contact
Routine contact to accomplish official duties (handcuffing, escorting)
Physical Force
Contact beyond that which is utilized to effect an arrest or other official objective
Mechanical Force
Use of device/substance (except fire arm) to overcome resistance to authority
Enhanced Mechanical Force
Conducted Energy Device (generic name for Taser), less lethal ammunition
Deadly Force
Force used with purpose of causing or knows will cause a substantial risk of death (fire arm, baton to the head)
What elements authorize physical and mechanical force
Reasonable belief that they are immediately necessary
What elements authorize deadly force
Reasonable belief that they are immediately necessary and imminent danger
When feasible you should identify yourself as a LEO
True.
Elements to use deadly force to prevent escape
1) PC to believe has committed an offense causing or attempting to cause death/serious bodily injury AND
2) Imminent threat if escape is successful AND
3) Use of deadly force is not a risk to innocent people
Sam raises his weapon in the air and fires a warning shot, which causes Joe, the suspected burglar, to surrender. Sam’s actions were warranted considering the successful arrest.
False. Cannot fire warning shots.
Under what circumstances can you unholster/exhibit your firearm?
1) Maintenance
2) Secure it
3) Training/qualification
4) Under circumstances that create a reasonable belief that it may be used
5) Constructive authority - maintain control in potentially dangerous situation
You are allowed to shoot at a car to disable it
False
Do you have to intend risking death or serious bodily injury for it to be considered deadly force?
No.
Joe the cop has Sam at gunpoint because Sam has a weapon in his hand. At Joe’s verbal command, Sam throws his weapon away, far enough that Sam can reach him before Joe retrieves his weapon. Sam decides, however, to fire at Sam just in case Sam tries something funny and reaches for the weapon again. Joe was justified.
False. Although it’s possible that Sam reach for his weapon again, Joe had enough time (objectively) to detain Sam and arrest him. He was a danger, but not a serious or imminent danger once he threw his weapon to the side.
Every use of force option requires a reasonable belief that it’s immediately necessary.
True.
What are the exceptions to firing at a moving vehicle
1) Imminent danger of death or serious bodily injury to the officer or another person AND
2) No other means are available at that time to avert or eliminate the danger
