Use of Force

Question 1

What two word phrase was coined from the Graham case?

Answer 1

Objective Reasonableness

Question 2

What are the four Graham factors?

Answer 2

1) Severity of the offense
2) Immediate threat
3) Level of resistance
4) Evading arrest

Question 3

What are the two code sections that apply to deadly force?

Answer 3

1) 17-4-20 (Officer)

2) 16-3-21 (Civilian)

Question 4

What are the three P’s under sub-section (B) of 17-4-20?

Answer 4

P: Possesses a weapon
P: Poses immediate threat to society
P: Probable cause to believe a forcible felony has or is about to occur

Question 5

What are the three P’s under 16-3-21?

Answer 5

P: Protect yourself
P: Protect third party
P: Prevent the commission of a forcible felony

Question 6

Objective reasonableness falls under what amendment?

Answer 6

4th Amendment

Question 7

True/False

Objective reasonableness should be based on 20/20 vision of hindsight?

Answer 7

False

Question 8

What case law did we get Articulable Reasonable Suspicion (ARS) from?

Answer 8

Terry v. Ohio

Question 9

Based on the three Tiers discussed in the Use of Force, which Tiers are we justified using force?

Answer 9

Tier II & Tier III

Question 10

Government termination of movement by means intentionally applied.

Answer 10

Seizure

Question 11

What is the objective of the use of force?

Answer 11

Gain, re-gain, or maintain control of an individual

Question 12

Name two types of seizures.

Answer 12

1) Actual Seizure

2) Constructive Seizure

Question 13

Facts or circumstances that would lead a reasonable and prudent officer/person to believe a crime or violation has been committed.

Answer 13

Probable Cause

Question 14

What are three elements of an arrest?

Answer 14

1) Intent
2) Seizure
3) Communication

Question 15

Objective reasonableness is based on?

Answer 15

Totality of the circumstances

Question 16

Name three additional factors other than the Graham factors.

Answer 16

1) Time of day
2) Presence of innocent bystanders
3) Use of alcohol or drugs by the suspect
4) Known previous violent history of the suspect
5) Known previous psychiatric history of the suspect
6) Duration of the action
7) Size, age, condition of suspect/officer
8) Number of suspects versus officers

Question 17

What is the difference between objective and subjective?

Answer 17

Objective = Facts
Subjective = Opinions

Question 18

What two questions do we need to ask ourselves when articulating the use of force?

Answer 18

1) What did I do?

2) Why did I do it?

Question 19

The force which a reasonable person would consider likely to cause death or serious bodily harm.

Answer 19

Deadly Force

Question 20

What is proactive force?

Answer 20

Seeing pre-violent cues and taking action

Question 21

What is a forcible felony?

Answer 21

Any felony which involves the use or threat of physical force or violence against any person.

Question 22

What case law coined the terms “Stop & Frisk” involving investigatory stops?

Answer 22

Terry v. Ohio

Question 23

Which Tier involves communication between police and citizens with no coercion or detention?

Answer 23

Tier 1 (Voluntary/Consensual Encounters)

Question 24

Define reasonableness.

Answer 24

Any force, to a degree, used by a government agent or police officer to effect an arrest.

Question 25

Force that is not objectively reasonable is what?

Answer 25

Excessive Force

Question 26

You find yourself in a crowded mall and encounter a kid with a knife that is challenging you, what should you try to do?

Answer 26

Negotiate and use a less lethal weapon.

Question 27

What is the Code section that covers when we can and can’t draw a firearm?

Answer 27

There is NOT one

Question 28

The use of force is based on _______________

Answer 28

Reasonableness

Question 29

Accidentally discharging a firearm is considered _________________.

Answer 29

Negligence

Question 30

What is the highest level of force?

Answer 30

Deadly

Question 31

What stance is used for baton strikes?

Answer 31

Interview/Combat Stance