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171 BPOA > Use of Force > Flashcards

Use of Force Flashcards

1
Q

How can we JUSTIFY the use of force?

A

It must be REASONABLY OBJECTIVE.

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2
Q

What is Deadly Force?

A

Force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.

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3
Q

What is definition of Force?

A

Power dynamically considered, that is, in motion or in action; constraining power, compulsion; strength directed to an end.

BLACK’S LAW DICTIONARY: Force exceeds the mere touching of grabbing of an individual “Force applied to the body; actual violence”.

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4
Q

Reasonable Force- Black’s Law Dictionary

A

(Reasonable) Just; proper. Ordinary or usually. Fit and appropriate to the end in view. Having the faculty of reason; rational; governed by reason; under the influence of reason; agreeable to reason.

BLACK’S LAW DICTIONARY: That degree of force which is not excessive and is appriate in protecting oneself or one’s property. When such force is used, a person is justified and is not criminally liable, nor is he liable in tort.

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5
Q

What is Qualified Immunity?

A

Protects “government officials” form liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

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6
Q

Which Supreme Court case is used by which all uses of force by law enforcement are judged, and applies the concept of “objective reasonableness” to Use of Force?

A

Graham v. Connor, 490 U.S. (1989)

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7
Q

What force may be used?

A

CCP Art 15.24

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8
Q

Justification as a defense?

A

PC 9.02 It is a defense to prosecution that the conduct in question is justified under this chapter.

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9
Q

Confinement as a justifiable force?

A

PC 9.03

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10
Q

Threats as justifiable force?

A

PC 9.04 A threat to cause death or serious bodily injury by the production of a weapon or otherwise, as long as the actors purpose is limited to creating an apprehension that he will use deadly force if necessary, does not constitute the use of deadly force. (Justifiable under state law. Possibly against department policy…check with your department!)

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11
Q

Reckless Injury of Innocent Third Person

A

PC 9.05 Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.

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12
Q

Civil Remedies Unaffected

A

PC 9.06 The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.

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13
Q

Where is our Legal Authority for Use of Force and Deadly Force in the Penal Code?

A

PC 9.51 (a) A peace officer, or a person acting in a peace officer’s presence and at his direction, is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest, if:

(1) the actor reasonably believes the arrest or search is lawful or, if the arrest or search is made under a warrant, he reasonably believes the warrant is valid; and
(2) before using force, the actor manifests his purpose to arrest or search and identifies himself as a peace officer or as one acting at a peace officer’s direction, unless he reasonably believes his purpose and identity are already known by or cannot reasonably be made known to the person to be arrested. (Our purpose is generally known when you get out of a marked vehicle so really only have to worry about #1)
(b) A person other than a peace officer (or one acting at his direction) is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making a lawful arrest, or to prevent or assist in preventing escape after lawful arrest if, before using force, the actor manifests his purpose to and the reason for the arrest or reasonably believes his purpose and the reason are already known by or cannot reasonably be made known to the person to be arrested.

(c) A peace officer is justified in using deadly force against another when and to the degree the peace officer reasonably believes the deadly force is immediately necessary to make an arrest, or to prevent escape after arrest, if the use of force would have been justified under Subsection (a) and:
(1) the actor reasonably believes the conduct for which arrest is authorized included the use or attempted use of deadly force; or
(2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to the actor or another if the arrest is delayed.

(d) A person other than a peace officer acting in a peace officer’s presence and at his direction is justified in using deadly force against another when and to the degree the person reasonably believes the deadly force is immediately necessary to make a lawful arrest, or to prevent escape after a lawful arrest, if the use of force would have been justified under Subsection (b) and: (1) the actor reasonably believes the felony or offense against the public peace for which arrest is authorized included the use or attempted use of deadly force; or (2) the actor reasonably believes there is a substantial risk that the person to be arrested will cause death or serious bodily injury to another if the arrest is delayed.
(e) There is no duty to retreat before using deadly force justified by Subsection (c) or (d).
(f) Nothing in this section relating to the actor’s manifestation of purpose or identity shall be construed as conflicting with any other law relating to the issuance, service, and execution of an arrest or search warrant either under the laws of this state or the United States.
(g) Deadly force may only be used under the circumstances enumerated in Subsections (c) and (d).

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14
Q

Administrative or ________ should be at least as restrictive as the law. In many cases it will be more strict than legal restrictions.

A

departmental policy

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15
Q

Individual choice or __________ reflects the inner controls of the officer.

A

conscience

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16
Q

Force Options

A 
Command presence.
Verbal tactics. 
Weaponless strategies.
Weapon strategies.
Deadly force.
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17
Q

________ is essentially presenting yourself as someone in authority, trusted and respected.

A

Command Presence

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18
Q

___ % of an officer’s duties involve verbal skills.

A

97

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19
Q

Only about __ % of contacts require physical force.

A

3

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20
Q

___ % of the time a message is received due to content.

A

7

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21
Q

__ % of the time a message is received and interpreted based on how something is said rather than what is said.

A

93

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22
Q

Improper Listening

A

not paying attention to what is said; such as merely waiting for the opportunity to speak as soon as someone finishes talking.

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23
Q

__________ is a professional skill, not just luck.

A

Communication

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24
Q

Frustrated people often ________.

A

Resist.

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25
Q

Do not take things ______.

A

Personally.

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26
Q

Problems often _____ as confrontation progresses

A

change

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27
Q

If person has a friend in the audience you may try to _______.

A

enlist their help.

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28
Q

Obstacles to effective communication:

A

time of day, weather, location, external noise, officer’s own mood, person’s values and beliefs, or the person is deaf, mentally ill, mentally retarded, intoxicated, etc.

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29
Q

Moral considerations include both statutory and _____ law.

A

CASE

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30
Q

An officer should consider the following factors when assessing the need to use force:

A

Is the suspect submitting peacefully or resisting?
Is the suspect armed?
What is the nature of the crime?
Does the suspect have a previous arrest record or history showing a pattern of violence?
What is the number of suspects involved?
How much support from other officers is available?

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31
Q

Only the ____________ necessary to effect the arrest should be used.

A

minimum amount of force

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32
Q

_____ must be controlled and used wisely with a purpose.

A

Force

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33
Q

In every arrest situation the officers must be firm and be _________ to protect themselves and others

A

Prepared

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34
Q

Emotions, Attitudes, Prejudices:

A

Arrest can be both an emotional and physical problem for officer and arrestee.
Emotional response or reaction is directly involved in an encounter between an officer an a violator.
Attitudes or prejudices can lead to conflict.
An officer has the potential to reduce the problems and danger associated with physical arrest if s/he is firm but fair with the violator.
Emotional responses are often the direct result of uncertainty.
Uncertainty is likely to result in compensating behavior.
Compensating behavior may take one of the following forms: hesitation, verbal abuse, bluff, unnecessary force.

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35
Q

Some “tools” for the officer to maintain a psychological and physical edge:

A 
Demonstrated alertness.
Be emotionally in control.
Personal appearance and bearing.
If possible, maintain a height advantage.
Triangle interview. (example: two officers and one suspect)
Be over an arms length from suspect.
Be prepared to step back.
Talking versus fighting.
36
Q

The objective of using control is:

A

to elicit cooperation from the violator.

37
Q

An officer must be in complete _________ to be able to control a violator.

A

Self Control

38
Q

one of the greatest assets in dealing with a law violator.

A

Self Control

39
Q

results from the development of confidence in one’s skills.

A

Self Control

40
Q

achieved through training and practice both on the job and off.

A

Self Control

41
Q

the degree of influence the officer must exert over the violator to take him or her safely into custody

A

Control

42
Q

An officer needs a range of __________ that permits use of exactly that degree of control that constitutes necessary force.

A

decision-making tools

43
Q

In physical arrest, the police role is essentially _________.

A

Defensive

44
Q

It is not _______ when an officer takes the initiative to confront a law violator- the officer’s act is not one of hostility; it is one designed to defend and protect the community from criminality.

A

aggression

45
Q

Most of an officer’s problems grow out of the use of ______________ employed against a combative, but unarmed violator.

A

unnecessary force

46
Q

Minimum amount of lawful aggression sufficient to achieve a legitimate law enforcement objective.

A

“Reasonable or Necessary Force”

47
Q

The verb “force”:

A

To do violence.
To compel by physical, moral or intellectual means.
To make or cause through natural or logical necessity.
To achieve or win by strength in struggle or violence.
An aggressive act committed by any person which does not amount to assault, and is necessary to accomplish an objective.
Synonyms- compel, coerce, constrain, oblige.

48
Q

The noun “force”:

A

Strength or energy brought to bear; cause of motion or change; active power; moral or mental strength; capacity to persuade or convince.
Violence, compulsion, or constraint exerted upon person or thing.
The quality of conveying impressions intensely in writing or speech.

49
Q

Tennessee v. Garner

A

deadly force now may be used only if the suspect poses a threat to the lives of police officers or bystanders.

50
Q

An officer or employee of a correctional facility is justified in using force when they reasonably believe the force is necessary to maintain security.

A

MAINTAINING SECURITY IN CORRECTIONAL FACILITY.

51
Q

A guard employed by a correctional facility or a peace officer is justified in using any force, including DEADLY force, that he reasonably believes to be immediately necessary to PREVENT escape of a person from the correctional facility.

A

PREVENTION OF ESCAPE FROM CUSTODY.

52
Q

Unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period or leave that is part of an intermittent sentence, but does not include a violation of conditions of community supervision or parole other than conditions that impose a period of confinement in a secure correctional facility.

A

Escape- PC 38.01(2)

53
Q

(A) under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States; or
(B) under restraint by an agent or employee of a facility that is operated by or under contract with the United States and that confines persons arrested for, charged with, or convicted of criminal offenses.

A

Custody - PC 38.01(1)

54
Q

use of force, but not deadly force, against a mental incompetent is justified:
(1) if the actor is the incompetent’s guardian or someone similarly responsible for the general care and supervision of the incompetent; and
(2) when and to the degree the actor reasonably believes the force is necessary:
(A) to safeguard and promote the incompetent’s welfare; or
(B) if the incompetent is in an institution for his care and custody, to maintain discipline in the institution

A

Guardian-incompetent- PC 9.63 (use of force)

55
Q

use of force, but not deadly force, against a person is justified:

(1) if the actor is entrusted with the care, supervision, or administration of the person for a special purpose; and
(2) when and to the degree the actor reasonably believes the force is necessary to further the special purpose or to maintain discipline in a group.

A

Educator- student- PC 9.62 (use of force)

56
Q

use of force, but not deadly force, against a child younger than 18 years is justified:

(1) if the actor is the child’s parent or stepparent or is acting in loco parentis to the child; and
(2) when and to the degree the actor reasonably believes the force is necessary to discipline the child or to safeguard or promote his welfare.

A

Parent-child- PC 9.61 (use of force)

57
Q

Deadly Force to Protect Property

A

Can be justified to prevent the other’s commission of arson, burglary, robbery, agg robbery, theft during the nighttime, or criminal mischief during the nighttime; OR to prevent the other who is fleeing immediately after committing burglary, robbery, agg robbery, or theft during the nighttime from escaping with the property; AND reasonable belief the land or property can’t be protected by any other means; or use other than deadly force to protect or recover the land or property would expose you or another to a substantial risk of death or serious bodily injury.

58
Q

DEFENSA LEGITIMA, DEFENSA PROPIA

A

Self Defense

59
Q

USE OF FORCE FORMULA

A 
SUBJECT ACTIONS
\+
CIRCUMSTANCES
=
TOTALITY OF THE CIRCUMSTANCES & APPROPRIATE FORCE
60
Q

(a) A person is justified in using force, but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to prevent the other from committing suicide or inflicting serious bodily injury to himself.
(b) A person is justified in using both force and deadly force against another when and to the degree he reasonably believes the force or deadly force is immediately necessary to preserve the other’s life in an emergency.

A

Protection of life or health- PC 9.34

61
Q

justified to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

A

Deadly force in defense of third person- PC 9.32

62
Q

the right to protect oneself reasonably from acts of violence or threatened violence.

A

Self Defense- PC 9.31

63
Q

(1) the actor reasonably believes the conduct is immediately necessary to avoid imminent harm;
(2) the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law proscribing the conduct; and
(3) a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear

A

Necessity- PC 9.22- Conduct is justified if:

64
Q

Brower v. Inyo County

A

A seizure occurs when governmental termination of a person’s movement is effected through means INTENTIONALLY APPLIED

65
Q

Saucier v. Katz

A

Two prong test ( Immunity): 1. Is the act alleged by defendant a constitutional deprivation? 2. Was that right clearly established by law prior to the action? Ruling: There is a gray area and when an officer’s use of force falls within this gray area, deference must be paid to the officer and qualified immunity granted.

66
Q

Graham v. Connor

A

The use of force used by a police officer must be judged from the perspective of a reasonable officer on the scene, not the 20/20 vision of hindsight. “Not every push or shove” violates a suspect’s 4th Amendment rights to due process.

67
Q

Anderson v. Creighton

A

Damages are available against a police officer who has violated the 4th amendment… only when he has behaved with something akin to gross negligence.

68
Q

Brower v. Inyo County

A

Cops used 18-wheeler to block road as Brower fled in stolen car; Brower crashed into it and died. Courts considered road block a 4th amendment seizure,

69
Q

Estate of Ceballos v. Bridgewater, Porras, & Mull

A

“an officer cannot use deadly force without an immediate threat to himself or others.”

70
Q

Okonkwo v. Fernandez

A

“Government officials who perform discretionary functions are entitled to the defense of qualified immunity, which shields them from suit as well as liability for civil damages, if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable officer would have known. A defendant official must affirmatively plead the defense of qualified immunity.”

71
Q

Milstead v. Kibler

A

“…police officers performing a discretionary function enjoy an immunity that shields them from civil damages unless (1) the officers’ conduct violates a federal statutory or constitutional right, and (2) the right was clearly established at the time of the conduct, such that (3) an objectively reasonable officer would have understood that the conduct violated that right.”

72
Q

A peace officer, or a person acting in a peace officer’s presence and at his direction, is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making an arrest or search, or to prevent or assist in preventing escape after arrest.

A

Arrest and Search- PC 9.51

73
Q

The fact that conduct is justified under this chapter does not abolish or impair any remedy for the conduct that is available in a civil suit.

A

Civil remedies unaffected- PC 9.06

74
Q

What are the titles of each subchapter of Chapter 9 of Texas Penal Code?

A 
A. General Provisions
B. Justification Generally
C. Protection of Persons
D. Protection of Property
E. Law Enforcement
F. Special Relationships
75
Q

Definition of Deadly Force

A

Force that is INTENDED or known by actor to cause, or in the manner of its use or intended use is capable of causing DEATH or SERIOUS BODILY INJURY

76
Q

9.02 Justification as a defense

A

It is defense to prosecution that the conduct in question is justified under Chapter 9

77
Q

9.03 Confinement as Justifiable force

A

Confinement = Justified when force is justified ( 9.02 ) if actor takes REASONABLE measures to terminate confinement as soon as he knows he safely can.

78
Q

9.04 Threats as justifiable force

A

Threat of force = Justified if 9.02 is present. Threat to cause death or SBI by production of weapon or otherwise, as long as actor’s purpose is LIMITED to CREATING an APPREHENSION.

79
Q

9.05 Reckless Injury of innocent third person

A

`even if 9.02 is present, if actor recklessly injures or kills an innocent third person, justification is not possible.

80
Q

9.06 Civil Remedies Unaffected

A

Even if conduct is justified, it does not abolish or impair any civil suit.

81
Q

9.21 Public Duty

A

Conduct is justified if actor REASONABLY believes the conduct is REQUIRED or AUTHORIZED by law. If Deadly Force is justified, there is NO DUTY TO RETREAT before using it.
Actor is also justified if his conduct is REQUIRED or AUTHORIZED to assist a public servant in performance of his duties, even though the servant exceeds his lawful authority.

82
Q

9.22 necessity

A

Conduct is justified if actor REASONABLY believes conduct is immediately necessary to avoid imminent harm

83
Q

Basic elements of Self Defense 9.31

A

actor reasonably believes force is IMMEDIATELY necessary to protect the actor against the other’s use or attempted use of unlawful force:

84
Q

Automatic Justification of force in 9.31

A
  • unlawful entry or attempted entry to property
  • unlawful removal or attempted removal of actor from place
  • committing or attempted agg kidnapping, murder, sexual assault, agg sexual assault, robbery, agg robbery
85
Q

Exception to presumed reasonableness in 9.31

A

actor did NOT provoke the person against whom force is used upon

86
Q

9.31 a 3 means?

A

actor will not be justified if the force used, was used during criminal activity higher than Class C

87
Q

Reasons why force is not justified in 9.31

A
  1. in response to verbal provocation alone
  2. to resist arrest by PO, even if unlawful. Exception (c)
  3. actor consented to exact force used or attempted
  4. actor provoked force or attempt of force unless:
    - actor abandons the encounter, and the other continues to use unlawful force

171 BPOA (20 decks)

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