Use Of Force And Firearms Policy Flashcards
Discuss the Fourth Amendment as it relates to the Use of Force…
Law enforcement SEIZURES involving the use of force .
Identify major court decisions that have established how Use of Force incidents are evaluated.
-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.
Identify the CBP Use of Force Policy.
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Perform threat analysis and respond appropriately .
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Describe circumstances in which the Use of Force may escalate or de-escalate.
Transitioning from less lethal force devices to deadly force and vice versa. You cannot be too hesitant nor too aggressive .
Fourth amendment Seizures
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.
Identify major court decisions that have established how Use of Force incidents are evaluated.
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.
What is “Objective reasonableness”?
Means the Use of Force is analyzed by using the standard of the reasonable officer confronting the same set of Circumstances.
When is Deadly Force reasonable?
“When officer has probable cause to believe that suspect posses threat of serious physical harm or death to the officer or others.”
What does the term “less-lethal Force “ mean?
“Force that is not likely to cause serious physical injury or death”.
When to use “Less-Lethal Force”?
- protect himself or others from bodily harm
- for restraint or subdue
- to make arrest
- prevent escape
- enforce compliance with a lawful order
Who is authorized to shoot warning shots?
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.
When and where is disabling fire authorized?
Maritime law enforcement against maritime conveyances by a authorized agent to disable .
