Use of Force

Question 1

What is the standard used by US courts in determining if a use of force is constitutional.

Answer 1

Graham v. Connor, 490 US 386 (1989) which has been expanded in scope by subsequent court cases.

Question 2

What are the eight reasonableness factors that will be applied to an officer’s use of force as outlined in Graham v. Connor and LVMPD Policy?

Answer 2

1. The severity of the CRIME at issue.
2. Whether the subject poses an immediate THREAT to the safety of the officer or others.
3. Whether the subject is actively RESISTING arrest or attempting to evade arrest by flight.
4. The influence of DRUGS/ALCOHOL or the mental capacity of the subject.
5. The TIME available to the officer to make a decision
6. The availability of OFFICERS/RESOURCES to de-escalate the situation.
7. The proximity or access of WEAPONS to the subject.
8. The environmental factors and/or other exigent circumstances

Question 3

The reasonableness of a use of force will be judged from what perspective?

Answer 3

The perspective of a reasonable officer on scene rather than 20/20 vision of hindsight.