Use of Force 5.17.16

Question 1

Bodily Harm

Answer 1

Physical pain, temporary disfigurement

Question 2

Serious Bodily Harm

Answer 2

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

Question 3

Reasonable force applies to

Answer 3

Everyone (civilian or police)

Question 4

Self-defense

Answer 4

Lawful if believed to be necessary to protect against unlawful use of force by another (including police)

Question 5

Because it’s an unlawful arrest, force is justified.

Answer 5

False

Question 6

Officer is using unlawful excessive force, so one can use force to defend from police

Answer 6

True..if police uses excessive force, one may use force to defend

Question 7

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?

Answer 7

Yes. Because the cop was using excessive (unlawful) force, the person may use deadly force themselves to defend themselves.

Question 8

If Sam intervenes because he reasonably believes deadly force is necessary to save a victim’s life, Sam is justified in using such force

Answer 8

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

Question 9

If Sam provokes Joe into using deadly force, Sam can justifiably use deadly force to then defend himself from Joe

Answer 9

False, you can’t set someone up into using deadly force just to use deadly forcec against them

Question 10

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

Answer 10

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.

Question 11

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.

Answer 11

False. Although Sam survived, use of deadly force is not warranted when prevented suicide.

Question 12

What 2 types of force are warranted when preventing suicide?

Answer 12

Physical and Mechanical

Question 13

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.

Answer 13

False, deadly force cannot be used to defend against property.

Question 14

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.

Answer 14

False. Cars and pets are considered property so such force is not warranted.

Question 15

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.

Answer 15

True. Sam used deadly force to defend his a human being, so deadly force is justified.

Question 16

AG’s guidelines on use of force state what?

Answer 16

1) It should never be routine
2) Should be objective, reasonable, and necessary
3) Should be based on objective assessment, training/experience, reasonable inferences

Question 17

What are the force options, in order of least force to most force?

Think of it as CPP-MED

Answer 17

1) Constructive Authority
2) Physical Contact
3) Physical Force
4) Mechanical Force
5) Enhanced Mechanical Force
6) Deadly Force

Question 18

Constructive Authority

Answer 18

Doesn’t involve physical contact, uses officer’s authority to exert control (verbal commands, unholstering weapon)

Question 19

Physical Contact

Answer 19

Routine contact to accomplish official duties (handcuffing, escorting)

Question 20

Physical Force

Answer 20

Contact beyond that which is utilized to effect an arrest or other official objective

Question 21

Mechanical Force

Answer 21

Use of device/substance (except fire arm) to overcome resistance to authority

Question 22

Enhanced Mechanical Force

Answer 22

Conducted Energy Device (generic name for Taser), less lethal ammunition

Question 23

Deadly Force

Answer 23

Force used with purpose of causing or knows will cause a substantial risk of death (fire arm, baton to the head)

Question 24

What elements authorize physical and mechanical force

Answer 24

Reasonable belief that they are immediately necessary

Question 25

What elements authorize deadly force

Answer 25

Reasonable belief that they are immediately necessary and imminent danger

Question 26

When feasible you should identify yourself as a LEO

Answer 26

True.

Question 27

Elements to use deadly force to prevent escape

Answer 27

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

Question 28

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.

Answer 28

False. Cannot fire warning shots.

Question 29

Under what circumstances can you unholster/exhibit your firearm?

Answer 29

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

Question 30

You are allowed to shoot at a car to disable it

Answer 30

False

Question 31

Do you have to intend risking death or serious bodily injury for it to be considered deadly force?

Answer 31

No.

Question 32

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.

Answer 32

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.

Question 33

Every use of force option requires a reasonable belief that it’s immediately necessary.

Answer 33

True.

Question 34

What are the exceptions to firing at a moving vehicle

Answer 34

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