Use Of Force And Firearms Policy Flashcards

1
Q

Discuss the Fourth Amendment as it relates to the Use of Force…

A

Law enforcement SEIZURES involving the use of force .

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2
Q

Identify major court decisions that have established how Use of Force incidents are evaluated.

A

-Tennessee v. Garner- Fleeing felon case; changes requirements for deadly force. Now must have probable cause to believe that the suspect posed a significant threat of death or serious physical injury to the officers or others.

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3
Q

Identify the CBP Use of Force Policy.

A

-

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4
Q

Perform threat analysis and respond appropriately .

A

-

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5
Q

Describe circumstances in which the Use of Force may escalate or de-escalate.

A

Transitioning from less lethal force devices to deadly force and vice versa. You cannot be too hesitant nor too aggressive .

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6
Q

Fourth amendment Seizures

A

Governments interference with freedom of movement where a reasonable person would not feel free to leave.

- Use of Force is a seizure when:
    * Agent physically applies any force to the suspect , OR

     * Suspect yields to the agents lawful show of Force.
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7
Q

Identify major court decisions that have established how Use of Force incidents are evaluated.

A

Graham v. Connor- Sets the standard for all Use of Force, less lethal and deadly, by a law enforcement officer. Found that all Use of Force is a seizure and all Use of Force must be reasonable and Necessary.

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8
Q

What is “Objective reasonableness”?

A

Means the Use of Force is analyzed by using the standard of the reasonable officer confronting the same set of Circumstances.

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9
Q

When is Deadly Force reasonable?

A

“When officer has probable cause to believe that suspect posses threat of serious physical harm or death to the officer or others.”

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10
Q

What does the term “less-lethal Force “ mean?

A

“Force that is not likely to cause serious physical injury or death”.

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11
Q

When to use “Less-Lethal Force”?

A
  • protect himself or others from bodily harm
  • for restraint or subdue
  • to make arrest
  • prevent escape
  • enforce compliance with a lawful order
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12
Q

Who is authorized to shoot warning shots?

A

Vessel to vessel

Air to Vessel

Air to Air

*the SBIP shotgun is only firearm authorized for use in the firing of warning shots.
And used as signals to stop only.

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13
Q

When and where is disabling fire authorized?

A

Maritime law enforcement against maritime conveyances by a authorized agent to disable .

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