Use of Force Flashcards
Graham v. Connor
Objective reasonableness standard.
Used to evaluate whether a use force option is justified from the standpoint of a well-trained officer at the time force was used.
Three factors:
1) Severity of the crime
2) Whether suspect poses immediate threat to safety of others
3) Suspect actively resisting arrest or attempting to evade by flight
Elements of force
Ability
Opportunity
Jeopardy
Preclusion
Elements of Arrest
Intent
Authority
Seizure
Understanding
Levels of Resistance
Psychological Intimidation Verbal Non-compliance Passive Resistance Active Resistance Active Aggression Aggravated Active Aggression
Response Options
Presence Verbal Identification Soft empty hand and restraining devices Tripping/Tackling PGP Chemical weapons Electronic control devices Intermediate Control Techniques Carotid Control Technique Deadly Force
Soft Empty Hand Techniques
Pressure points
Joint locks
Restraining devices
Intermediate Control Techniques
Hard empty hand (strikes, impact push)
Impact weapons
Stunbag/ARWEN
Canine
ARWEN target areas
Primary: arms below elbows, lower abdomen, buttocks, legs
Secondary: arms above elbows, back, excluding spine, knees
Non-Target (Lethal): Head, neck, spine, thorax
Deadly Physical Force
ARS 13-410
A. The threatened use of deadly physical force by a person against another is justified pursuant to section 13-409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is:
- Actually resisting the discharge of a legal duty with deadly physical force or with the apparent capacity to use deadly physical force; or
- A felon who has escaped from lawful confinement; or
- A felon who is fleeing from justice or resisting arrest with physical force.
B. The use of deadly physical force by a person other than a peace officer against another is justified pursuant to section 13-409 only if a reasonable person effecting the arrest or preventing the escape would believe the suspect or escapee is actually resisting the discharge of a legal duty with physical force or with the apparent capacity to use deadly physical force.
C. The use of deadly force by a peace officer against another is justified pursuant to section 13-409 only when the peace officer reasonably believes that it is necessary:
- To defend himself or a third person from what the peace officer reasonably believes to be the use or imminent use of deadly physical force.
- To effect an arrest or prevent the escape from custody of a person whom the peace officer reasonably believes:
(a) Has committed, attempted to commit, is committing or is attempting to commit a felony involving the use or a threatened use of a deadly weapon.
(b) Is attempting to escape by use of a deadly weapon.
(c) Through past or present conduct of the person which is known by the peace officer that the person is likely to endanger human life or inflict serious bodily injury to another unless apprehended without delay.
(d) Is necessary to lawfully suppress a riot if the person or another person participating in the riot is armed with a deadly weapon.
D. Notwithstanding any other provisions of this chapter, a peace officer is justified in threatening to use deadly physical force when and to the extent a reasonable officer believes it necessary to protect himself against another’s potential use of physical force or deadly physical force.
13-411
A. A person is justified in threatening or using both physical force and deadly physical force against another if and to the extent the person reasonably believes that physical force or deadly physical force is immediately necessary to prevent the other’s commission of arson of an occupied structure under section 13-1704, burglary in the second or first degree under section 13-1507 or 13-1508, kidnapping under section 13-1304, manslaughter under section 13-1103, second or first degree murder under section 13-1104 or 13-1105, sexual conduct with a minor under section 13-1405, sexual assault under section 13-1406, child molestation under section 13-1410, armed robbery under section 13-1904 or aggravated assault under section 13-1204, subsection A, paragraphs 1 and 2.
B. There is no duty to retreat before threatening or using physical force or deadly physical force justified by subsection A of this section.
C. A person is presumed to be acting reasonably for the purposes of this section if the person is acting to prevent what the person reasonably believes is the imminent or actual commission of any of the offenses listed in subsection A of this section.
D. This section includes the use or threatened use of physical force or deadly physical force in a person’s home, residence, place of business, land the person owns or leases, conveyance of any kind, or any other place in this state where a person has a right to be.
Suspect considerations
What did he do? Call type, crime?
What has he done in the past? = violence potential
Is violence escalating?
Past or present conduct indicate endanger life unless apprehended without delay?
Access to weapons?
Is his conduct endangering others?
Is he compliant?
Less Lethal option
What resources do I need? Based on operating environment
What do we think he’ll do? Play what if’s
Less Lethal vs Less than Lethal
Less Lethal - less likely to cause death/SPI
Less than Lethal - if used properly, will not cause death/SPI
Use of gas authorized
Tactical building entries
Resisting arrest
Prevent injury to others
Tennessee v. Garner
Police officer may use deadly force to prevent the escape of a fleeing suspect only if the officer has a good-faith belief that the suspect poses a significant threat of death or serious physical injury to the officer or others.
Exigent Circumstances
Emergency (Medical, fire, bomb threat)
Hot pursuit of felony suspect
Possibility of violence (Hostage/barricade, DV, 261)
Probability of destruction of evidence
Firearm safety rules
All firearms are always loaded
Keep your muzzle pointed in a safe direction
Keep your finger along the frame until you are on target and have decided to fire
Identify your target and what is around it
