Use of Force Policy Flashcards
What are the Response Options in Use of Force
- Presence
- Verbal Direction
- Soft Empty Hand Control & Restraining Devices
- Chemical Weapons
- Electronic Control Devices (ECD)
- Intermediate Control Techniques
- Carotid Control Techiniques
- Deadly Force
What are the Elements of Force?
Ability
Opportunity
Jeopardy
Preclusion
What are the 3 main circumstances that govern “reasonableness” of a use of force?
- Severity of the crime
- Does the subject pose an immediate threat to officers or others
- Whether the subject is actively resisting arrest or fleeing arrest
List the 6 types of Resistance per policy
Psychological Intimidation Verbal Non Compliance Passive Resistance Defensive Resistance Active Aggression Aggravated Active Aggression
Define “Ability” as it pertains to Elements of Force
Subject has a reasonable ability to carry out the act
Define “Opportunity” as it pertains to Elements of Force
Subject has reasonable opportunity to carry out the act
Define “Jeopardy” as it pertains to Elements of Force
Subject creates jeopardy to the officers or others
Define “Preclusion” as it pertains to Elements of Force
Other alternatives have been reasonably considered based on totality of the circumstances
Define Reasonable Belief
When the facts and circumstances cause a reasonable and prudent law enforcement officer to act or think in a similar way under the circumstances
Define non deadly force
tactic that when applied properly has minimal or no risk or causing death
define serious physical injury
a bodily injury that creates a reasonable risk of death causes serious and permanent disfigurement or results in the loss of long term or impairment of the functioning of any body part or organ
define excessive force
the application of an unreasonable amount of force in a given incident based on the totality of the circumstances
What are the delivery systems for tactical chemical agents
Isper Jet
37 mm gas delivery systems (ferret rounds)
When may chemical wpns be used per policy
1 to prevent injury to officers or another person
2 to ward of threatening animals
3. tactical bldg entries (search warrants)
4. subdue people who are
- threatening or attempting to harm himself or another
- resisting arrest
-rioting
-interfering with an arrest
When may an ECD be used per policy?
- displaying active aggression
- placing an officer or 3rd party in reasonable apprehension of immiediate injury
- prevent a subject from harming himself
what is the primary target area for the ECD?
Center mass on subjects back
What are the secondary tgt areas for the ECD?
- side of body below the diaphram
- lower front torso just below the belt line
- GROIN WILL BE NOT BE TGT
What are the non target areas for the ECD
Head, neck, breasts, groin
What are the non target areas for intermediate control techniques?
neck, back, sternum, kidneys, groin
when may you use intermediate control techniques?
when facing active aggression levels of resistance
per policy when may officers use deadly force?
- to protect themselves or a 3rd party from another’s use or threatened use, of deadly force
- to prevent the escape of a subject whom the employee has PC to believe has committed an offense involving the infliction or threat of serious physical injury or death and is likely to endanger human life or cause serious injury to another unless apprehended without delay
- to overcome an attack the officer believes would produce serious physical injury or death to themselves or a 3rd party
Use of Physical Force/Deadly Physical Force in Crime Prevention
Crime Prevention (411) – a person is justified in threatening or using both physical force and deadly physical force against another if and to the extent the person reasonably believed that the force used is immediately necessary to prevent the other’s commission of: (MARKS BAMCS)
Second or First degree Murder (1104,1105)
Aggravated Assault (1204A1,2)
Armed robbery (1904)
Kidnapping (1304)
Sexual assault (1406)
Burglary in the second or first degree (1507,1508)
Arson of an occupied structure (1704)
Manslaughter (1103)
Child molestation (1410)
Sexual conduct with a minor (1405)
Graham v Connor
Objective Reasonableness Standard – an officer’s use of force is based on the totality of the circumstances at hand, and judged from the perspective of a reasonable well-training officer “on the scene” rather that with 20/20 vision of hindsight
Based on the behavior of the offender
Tennessee v Garner
Deadly force can only be used to prevent escape if the officer has probable cause to believe suspect poses a significant threat of death or serious physical injury