Use Of Force Law/application

Question 0

Tennessee vs garner?

Answer 0

It is not constitutionally unreasonably to use deadly physical force to prevent escape

If the suspect threatens an officer w/ a weapon or PC to believe that a crime has been committed involving deadly physical force or threat of, officers may use deadly force to prevent escape- if feasible some warning given

Question 1

Deadly physical force?

Answer 1

Any force under the circumstances in which it is being used is readily capable of causing death or serous physical injury

Question 2

18 USC 242?

Answer 2

Officers sued criminally

Under the color of law
Willfully subjects any person
Deprive if rights

Question 3

42 USC 1983?

Answer 3

Officers sued civilly

Under the color of law
Subjects any citizen
Deprive if rights

Question 4

Graham vs Connor?

Answer 4

Severity of the crime

Weather the person poses an immediate threat if serous physical injury or death to officers or others

Is suspect actively trying to resist arrest or evade by flight

Judged by reasonable officers vs 20/20

Question 5

What is the intent for any type of force?

Answer 5

To gain cooperation and compliance

Never used as a form of punishment

Question 6

What are the principles of force justification?

Answer 6

If force is justified, delivery or implement is of no significance

Any injury the suspect might sustain is no significance if justified

Question 7

What are verbal commands for use of force?

Answer 7

Ask

Advise

Order

*simple, direct given by one officer

Question 8

Physical contact?

Answer 8

Directional holds

Escort holds

Question 9

Physical control?

Answer 9

Temporary restraints 
OC
Joint manipulations 
Taser
Pressure points 
Takedowns

Question 10

Serious physical control?

Answer 10

K9
Impact weapons
Focused blows
Neck restraints

Question 11

What is the definition if a threat?

Answer 11

A person resisting arrest or being lawfully controlled

Demonstrating the intent means and opportunity to inflict serious physical injury or death

Question 12

Intent?

Answer 12

Demonstrating intent to inflict serious physical injury or resist being controlled

Question 13

Means?

Answer 13

Must have physical control to carry out the articulated aggression

Question 14

Opportunity?

Answer 14

Have accesses to a weapon, object or officer to carry out aggression

Question 15

Levels of resistance?

Answer 15

Static-dead weight

Active- actively trying to resist, run

Ominous- menacing b/o, punching, fighting

Lethal-

Question 16

What are the totality of the circumstances?

Answer 16

Influential circumstances (you vs environment) - ground, terrain, officer injury/exhaustion

You vs threat- sex vs sex, age vs age, threats size, multiple assailants

Question 17

Prerequisites of force?

Answer 17

1) is action worth the risk
2) is amount of force reasonably necessary to accomplish goal
3) does threat have ability to comply with commands
4) is current course of action working