Use Of Force

Question 1

What is the case law regarding the 4th Amendment?

Answer 1

Graham vs Connor and Tennessee vs Garner

Question 2

What is the standard for Graham vs Connor?

Answer 2

Objective Reasonableness

Question 3

What is objective reasonableness?

Answer 3

Is the use of force “objectively reasonable” in light of the facts and the totality of the circumstances confronting the officer at the moment?

Question 4

What are the 4 “totality of the circumstances” points described as

Answer 4

1. Is the suspect an immediate threat to officers/others?
2. Is the suspect actively resisting arrest OR attempting to evade Seizure by flight?
3. Are the circumstances tense, uncertain, and rapidly evolving?
4. What is the severity of the crime at issue?

Question 5

Define “Objective”

Answer 5

1. Not what the officer assumes
2. Only what the officer knows at the moment force is used
3. It presupposes that any other “reasonable prudent officer” would have done the same thing in those same circumstances

Question 6

“Reasonableness” is demonstrated by a proper balance between the:

Answer 6

Nature and quality (how?) of the intrusion and the Governmental interests (why?) behind the intrusion

Question 7

What is the standard for Tennessee vs Garner?

Answer 7

Objective Reasonableness

Question 8

In the case of a fleeing felon, deadly force can only be used if:

Answer 8

The Officer has probable cause to believe that the suspect has committed a crime involving the infliction or the threatened infliction of serious physical harm

AND

The use of deadly force is necessary to prevent escape

AND

The officer must give some warning of the imminent use of force if feasible

Question 9

What does the 8th Amendment cover?

Answer 9

Cruel and Unusual Punishment

Question 10

What is the standard for the 8th Amendment?

Answer 10

Deliberate indifference and maliciously and sadistically to cause harm

Question 11

Who does this apply to?

Answer 11

Convicted persons

Question 12

What are the 5 points to the 8th amendment?

Answer 12

1. Was the threat reasonably perceived by the responding officer?
2. What was the need/reason for the use of force?
3. What was the relationship between the need to use force and the amount of force that was actually used?
4. Any efforts made to temper the severity of a forceful response?
5. What was the extent of the injuries inflicted?

Question 13

What does the 14th Amendment cover?

Answer 13

Pursuits and serious medical needs

Question 14

What is the standard for the 14th Amendment?

Answer 14

Due process, shocks the conscience

Question 15

Whop does the 14th Amendment apply to?

Answer 15

Free un-seized people

Question 16

What are the 4 points for deliberate indifference to serious medical needs?

Answer 16

1. Serious medical need exists
2. The officer had knowledge of the need
3. The officer deliberately or intentionally acted or refused to act
4. Officer’s conduct caused harm

Question 17

What is the priority of life?

Answer 17

1. Hostages
2. Innocent Civilians
3. Law Enforcement Officers
4. Suspects
5. Evidence

Question 18

When is a chokehold acceptable?

Answer 18

When deadly force is justified

Question 19

What should deputies not do when restraining subjects?

Answer 19

“hog-tie” or place in any position that may restrict or impair respiration

Question 20

What 4 things must happen while rending aid after a use of force?

Answer 20

1. if a subject sustains an injury a Deputy will render aid as soon as possible
2. The aid rendered will be in accordance with their training and experience
3. Medical personnel will be notified as soon as possible and requested to respond to the scene
4. A supervisor of this Office should be notified of the situation as soon as possible if there is any injury as a result of the use of force

Question 21

What are the required reports for a non-deadly use of force?

Answer 21

1. Incident report

2. Use of Force report