use of force chapter 1

Question 1

When is force reasonable?

Answer 1

If the officer has the authority to conduct a seizure, he has the authority to use reasonable force and the threat of force to accomplish that seizure.

Question 2

The court’s analysis began by considering the subject’s __________ right to remain free from any unreasonable seizure against the government’s interest in maintaining order through effective law enforcement.

Answer 2

Seizure

Question 3

A seizure is a government termination of movement by means intentionally applied:

Answer 3

1) Grabbing/Striking someone with your hands
2) Handcuffing someone
3) Spraying someone with O.C. Spray
4) Tasing Someone

Question 4

Graham v. Connor states that use of force to make an investigatory stop or arrest is a ________.

Answer 4

__Reasonable_

Question 5

1st Tier Encounters

Answer 5

In a 1st tier encounter, or “mere encounter,” between a person and a police officer, a person is not considered to be “seized” for 4th Amendment purposes.

Question 6

2nd Tier Encounters

Answer 6

A 2nd tier encounter is referred to as an “investigative detention.” The most common situation is when a police officer pulls you over in your car. This is also referred to as a “stop.”

Question 7

3rd Tier Encounters

Answer 7

The 3rd tier contemplates the arrest of a person. A person is under arrest if he is not free to leave and a reasonable person in his situation would not think the detention was temporary.

Question 8

The U.S. Supreme Court chose ________ as a means to strike this delicate balance. SCOTUS says: “Reasonableness under the 4th Amendment is not capable of precise definition or mechanical application.”

Answer 8

Objective _Reasonableness

Question 9

Guidelines for Graham v. Connor: Whether the officer is reasonable or not is based upon the __________ (the whole picture) known to the officer at the ______________________ the force was used.

Answer 9

the totality of circumstances, moment

Question 10

The court will consider any ______________ that the officer is aware of at the time force was applied.

Answer 10

Objective fact

Question 11

The court is a case alleging excessive force must resist the temptation to judge an officer’s action with the ___.

Answer 11

2020 vision of hindsight.

Question 12

Police officers are often forced to make ____________ in circumstances that are tense, uncertain, and rapidly evolving about the amount of force that is necessary for a particular action.

Answer 12

split second judgment

Question 13

Graham factors:

Answer 13

1. Severity of the crime
2. Immediate threat to the officer or other
3. Actively resisting arrest
4. Attempting to evade arrest by flight

Question 14

O.C.G.A.17-4-20.

Answer 14

(a) An arrest for a crime may be made by a law enforcement officer either under a warrant or without a warrant if the offense is committed in such officer’s presence or within such officer’s immediate knowledge; if the offender is endeavoring to escape; if the officer has probable cause to believe that an act of family violence,

Question 15

O.C.G.A. 16-3-21

Answer 15

(a) A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other’s imminent use of unlawful force;

Question 16

When will the 4th Amendment test not apply in use of force?

Answer 16

• In Custody Pre-Trail Detainee * Post Custody/ Convicted
  When a pretrial detainee alleges excessive force against jail personnel, the standard of force is governed under the Fourteenth Amendment.

Question 17

Facts deliver the ____ perspective without the need for interpretation.

Answer 17

officer’s

Question 18

By using facts as opposed to conclusions, an officer can articulate why the type and extent of their use of force was ____.

Answer 18

reasonable

Question 19

Conclusions are left to the _______ of the listener/reader.

Answer 19

interpretation

Question 20

Normal Vision

Answer 20

1-3 degree Peripheral Field Vision

Question 21

Tunnel Vision Stress

Answer 21

Stress induce 1 degree or less

Question 22

An affirmative defense

Answer 22

An affirmative defense is a set of facts or arguments that a defendant can use to avoid or lessen the legal consequences of their actions. Affirmative defenses can be used in both civil and criminal cases.

Question 23

42 U.S. Code § 1983

Answer 23

Section 1983 provides an individual the right to sue state government employees and others acting “under color of state law” for civil rights violations