Use Of Force Flashcards
When May an officer use deadly force to prevent escape of a fleeing suspect?
When probably cause to believe person has committed any offense in which the suspect caused or attempted to cause death or bodily harm
AND
will pose an imminent danger of death or serious bodily harm
AND
No substantial risk of injury to innocent persons
What should officer do before using firearm?
Identify himself and intention to shoot before using firearm
Is the discharge of any projectile from a firearm considered to be deadly force?
Yes any projectile including less lethal means such as beanbag ammunition or rubber bullets.
When should law enforcement officer unholster or exhibit firearm?
Only when there is a reasonable belief that display of a firearm as an element of constructive authority helps establish or maintain control in a potentially dangerous situation.
Who should county and municipal LE agencies notify when there is use of physical, mechanical, or deadly force results in death or serious or any bodily injury results?
The county prosecutor
Who should county prosecutor and state LE officers notify when a member of their agency uses force?
The division of criminal justice
How often do county and municipal agencies report use of force to county prosecutor?
At least annually
Division of criminal justice must be notified immediately of any use of force when what occurs?
Death
Serious bodily injury
When deadly force is employed with no injury
When injury to a person results from the use of a firearm by a LEO
What does “immediate notification” to the division of communal justice mean?
Notify before any investigation of the incident is undertaken other than to secure the scene and or render medical assistance as required by circumstances.
Who conducts the investigation when a LEO employed by a municipal or county agency is involved in use of force ?
The county prosecutors office in the county of occurrence will.
Who conducts investigation when LEO from any state or federal agency involved ?
The director of criminal justice or his designee will immediately be notified and the SRT will conduct invest.
County prosecutor in county of occurrence shall immediately notify director of criminal justice and hey will determine if appropriate to assign the SRT to do investigation.
Is grand jury required when there is use of force involved?
If undisputed facts indicate use was justifiable then NO.
This is subject to prior approval of the division of criminal justice. Final decision will be made by the attorney general.
If county prosecutor decides not to present to grand jury of 23 civilians who has final decision?
Director of the division of criminal justice.
