Use of Force LD 20 Flashcards
Graham v. Connor
1989 U.S. Supreme Court Case
- established “objective reasonableness” standard under the 4th Amend. to U.S. Const.
- The Court’s analysis began by balancing the subject’s Fourth Amendment right to remain free from any unreasonable seizure against the government’s interest in maintaining order through effective law enforcement.
Objective Reasonableness for Use of Force
- must be fact specific
- based on the totality of the circumstances
- confronting the officer at the time that the force is used
Factors of Objective Reasonableness
• whether the suspect posed an immediate threat to the safety of the officers or others
• the severity of the crime at issue
• whether the suspect was actively resisting arrest
• whether the suspect was attempting to evade arrest by flight
• split-second judgments during
Other Factors:
• whether there was an opportunity to warn about the use of force prior to force being used and, if so, was such a warning given
• whether there was any assessment by the officer of the subject’s ability to cease resistance and/or comply with the officer’s commands
• availability of other reasonable force options
• number of officers/subjects
• age, size, and relative strength of officers/subjects
• specialized knowledge, skills, or abilities of subjects
• prior contact
• injury or exhaustion of officers
• access to potential weapons
• environmental factors, including but not limited to lighting, footing, sound conditions, crowds, traffic, and other hazards
• whether the officer has reason to believe that the subject is mentally ill, emotionally disturbed, or under the influence of alcohol or drugs
Reasonable Officer Standard
- would another officer
- facing like or similar circumstance,
- act in the same way or use similar judgment?
PC 834a
- if a person knows or should know they are under arrest by an officer, they must not use force or any weapon to resist
People v. Curtis
CA Supreme Court case
- a person may use reasonable force to defend life and limb against excessive force
PC 835
- Arrest is by actual restraint
- or submission to custody of officer,
- may be subject to restraint as is reasonable - for arrest and detention
PC 835a
grants officers the authority to use force under specific circumstances, including to effect an arrest, to overcome resistance, to prevent escape, and in the defense of self or others.
Objective for Use of Force
to gain and maintain control of an individual and the situation
Officer Judgement
Officers must rely upon their own judgment to ensure that the amount of force used to gain and/or maintain control of a subject or situation does not exceed what is objectively reasonable under the totality of the circumstances confronting them.
Factors Affecting Force Selection
Public and officer safety - Immediate action required for self-defense or defense of others Amount and nature of resistance to be overcome, or flight or attempted flight - - Passive non compliant - Active resistance - Assaultive resistance - Life-threatening resistance Presence of a weapon and type of weapon - Other Weapons - Firearms Seriousness and nature of the offense - - Misdemeanor cite and release - DUI Characteristics of the subject as compared to the characteristics of the officer - Armed Robbery Availability of Assistance - Number of officers - Available backup units - Distance of responding units Nature and condition of the location and surroundings - Danger to bystanders - Availability of weapons - Environmental conditions
Compliant
- Subject offers no resistance Force: - Mere professional appearance - Nonverbal actions - Verbal requests and commands - Handcuffing and control holds
Passive Non-Compliance
Does not respond to verbal commands but also offers no physical form of resistance
Force:
- Officer’s strength to take physical control, including lifting/carrying
- Pain compliance control holds, takedowns and techniques to direct movement or immobilize a subject
Actively Resistant
Physically evasive movements to defeat an officer’s attempt at control, including bracing, tensing, running away, or verbally or physically signaling an intention to avoid or prevent being taken into or retained in custody
Force:
- Control holds and techniques to control the subject and situation
- Use of personal body weapons to gain advantage over the subject
Assaultive
Aggressive or combative; attempting to assault the officer or another person, verbally or physically displays an intention to assault the officer or another person
Force:
- Use of devices and/or techniques to secure compliance and ultimately gain control of the situation
- Use of personal body weapons in self-defense and to gain advantage over the subject
Life-Threatening
Any action likely to result in serious bodily injury or death of the officer or others
Force:
- Utilizing firearms or any other available weapon or action in defense of self and others to stop the threat
Constant Reevaluation
Peace officers must use the force option(s) appropriate for the situation as conditions may change rapidly.
- Officers must continually reevaluate the subject’s actions and the practical considerations involved in the situation and
- must be prepared to transition as needed to the appropriate force options
- de-escalate or - escalate
- so as to always remain within the bounds of conduct which is objectively reasonable under the circumstances.
Key Considerations:
Practical considerations are a key factor in a peace officer’s choice of force options. It is important for peace officers to recognize the advantages and disadvantages of the various force options. Some of the factors to consider are:
• Distance: Would a force option be effective at the distance involved?
• Number of subjects: Can the force option effectively be used to engage multiple subjects or only a single subject?
• Subject’s mental state or state of intoxication: Which force options would be effective regarding a subject’s apparent mental illness or state of intoxication, possibly resulting in increased pain tolerance, accelerated strength, or inability to communicate with the subject?
• Subject’s physical strength and skill: Does the peace officer have the physical strength and skill to effectively use a force option, compared to the subject’s apparent physical strength and skill?
• Affecting or endangering other people: What potential effect does a force option have on other peace officers or bystanders at the scene?
• Time: Does the peace officer have time to effectively use a force option?
Force Options:
Non-Deadly Force
- Force which creates a minimal risk of injury
Intermediate Force
- Force which has a significant risk of injury
Deadly Force
- Force which has a substantial risk of serious bodily injury or death
Force Tools & Techniques
- Professional/Command Presence
- Interpersonal communication techniques/warnings
- Control holds/takedowns/handcuffing
- chemical agents
- electronic control weapon
- impact weapons
- impact projectile weapons
- carotid restraint control hold
- canine
- personal body weapons
- improvised weapons or techniques
- firearms
Effective Communication
Safety
• provides skills that reduce the likelihood of physical confrontation
• can result in a reduction of injuries
Professionalism
• renders more effective public service and improves community relations
• decreases public complaints and internal affairs investigations
• decreases civil liability
• lessens personal and professional stress
Who Peace Officers Represent While Communicating
- themselves/agency
- executive staff (i.e., chief or sheriff)
- government (city, county, state, federal)
- public interest
- authority (laws, the Constitution, the Bill of Rights, etc.)
- law enforcement profession as a whole
Deadly Force
A peace officer may use deadly force against an individual if that officer reasonably believes that the individual, who deadly force is used against:
• intended to commit a crime which would result in serious bodily injury or death;
• there was imminent danger of such crime being accomplished; and
• the peace officer acted under the belief that such force was necessary to save themselves or another from death or a serious bodily injury crime.
Tennessee v. Garner
In 1985, the United States Supreme Court
applied the following points regarding when it would be reasonable for an officer to use deadly force against a fleeing subject in this particular set of circumstances (e.g., using a firearm to stop a fleeing suspect escaping on foot).
1. “…if the subject threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction of serious physical injury [or death]…”
2. “…probable cause to believe that the subject poses a threat of death or serious physical harm, either to the officer or others…”
3. “…probable cause to believe that the use of deadly force is reasonably necessary…”[to prevent escape]
4. “…some warning be given prior to the use of deadly force where feasible…”
Serious Bodily Harm/Injury
a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, a wound requiring extensive suturing, and serious disfigurement.
Reasonable Necessity of Use of Deadly Force
delay in apprehension would create substantial and unreasonable risk to officers or others possibly resulting in serious physical injury or death.
Imminent Danger
a significant threat that peace officers reasonably believe will result in death or serious bodily injury to themselves or to other persons. Imminent danger is not limited to “immediate” or “instantaneous.” A person may pose an imminent danger even if they are not at the very moment pointing a weapon at another person.
Effective Communication
Safety
• provides skills that reduce the likelihood of physical confrontation
• can result in a reduction of injuries
Professionalism
• renders more effective public service and improves community relations
• decreases public complaints and internal affairs investigations
• decreases civil liability
• lessens personal and professional stress
Who Peace Officers Represent While Communicating
- themselves/agency
- executive staff (i.e., chief or sheriff)
- government (city, county, state, federal)
- public interest
- authority (laws, the Constitution, the Bill of Rights, etc.)
- law enforcement profession as a whole
Deadly Force
A peace officer may use deadly force against an individual if that officer reasonably believes that the individual, who deadly force is used against:
• intended to commit a crime which would result in serious bodily injury or death;
• there was imminent danger of such crime being accomplished; and
• the peace officer acted under the belief that such force was necessary to save themselves or another from death or a serious bodily injury crime.
Tennessee v. Garner
In 1985, the United States Supreme Court
applied the following points regarding when it would be reasonable for an officer to use deadly force against a fleeing subject in this particular set of circumstances (e.g., using a firearm to stop a fleeing suspect escaping on foot).
1. “…if the subject threatens the officer with a weapon or there is probable cause to believe that he has committed a crime involving the infliction of serious physical injury [or death]…”
2. “…probable cause to believe that the subject poses a threat of death or serious physical harm, either to the officer or others…”
3. “…probable cause to believe that the use of deadly force is reasonably necessary…”[to prevent escape]
4. “…some warning be given prior to the use of deadly force where feasible…”
Serious Bodily Harm/Injury
a serious impairment of physical condition, including, but not limited to, the following: loss of consciousness, concussion, bone fracture, protracted loss or impairment of function of any bodily member or organ, a wound requiring extensive suturing, and serious disfigurement.
