Use Of Force

Question 0

Limitations of use of force in defense?

Answer 0

Intent to cause physical injury or death to another, provokes another by use of force.

Question 1

Use of force in self defense

Answer 1

A person is justified to use force to defend a third person from what they reasonable believe to be imminent or unlawful use of force.

Question 2

When can a person use deadly physical force in defense?

Answer 2

When a person reasonably believes the other is committing or attempting to commit a felony involving the threatened use of imminent use of physical force. Or committing or attempting a burglary

Question 3

When can an officer use force to make an arrest or prevent escape

Answer 3

To make an arrest or prevent the escape from custody of an arrested person unless the officer knows it’s unlawful. For self defense or to defend a third person from imminent use of physical force while making the arrest

Question 4

What are the federal limitations on use of force?

Answer 4

Graham vs Conner. It’s based on the 4th amendment. The right for people to be secure in their houses, papers, persons from unreasonable searches and seizures.

Question 5

How is reasonableness of use of force determined?

Answer 5

It may be judged from the perspective of a reasonable officer on scene rather than 20/20 hindsight

Question 6

What federal law can an officer be sued on for using excessive force?

Answer 6

42 USC 1983.

1) under the color of law
2) subjects
3) ant citizen or any person
4) deprive of rights

Question 7

What federal criminal laws can an officer be sued on?

Answer 7

18 USC 242.
1) under color of law
2) willfully subjects
3) any person
4 to deprive human rights

Question 8

Officers need to identify…? (Based on use of force)

Answer 8

An immediate threat

Question 9

What are the two purposes for a force?

Answer 9

1) The intent of any force is to gain cooperation and compliance
2) force is never used as a punishment

Question 10

When is reasonable amount of force justified?

Answer 10

The threat is the major factor in the appropriate amount of force to be used.
Use the reasonable amount of force necessary to control the threat

Question 11

Use of force verbal?

Answer 11

Verbal Commands need to be simple. Direct. Given by one officer.

Question 12

Physical contact?

Answer 12

Directional and escort hold

Question 13

Physical control?

Answer 13

Temp. Restraints 
Oc spray
Stun gun
Pressure points
All take downs

Question 14

Serious physical control?

Answer 14

Focused blows
Impact weapons
K9
Less lethal 
Neck restraints

Question 15

What is a threat?

Answer 15

Any person resisting arrest having the intent, means and opportunity to inflict injury, serious physical injury or death

Question 16

Intent?

Answer 16

Must demonstrate his intent to inflict physical injury by resisting. Controlled thru body language and verbal

Question 17

Means?

Answer 17

Must have physical capability to carry out the aggression or resistance

Question 18

Opportunity?

Answer 18

Have access to the officer/or object to carry out the aggression

Question 19

What are the levels of resistance?

Answer 19

Static-dead weight, holding on to things
Active-physically resist by pulling away, attempting to escape
Ominous- displays menacing behaviors, punching, biting kicking
Lethal- any force under the circumstances in which it is being used is readily capable of causing serious physical injury or death

Question 20

What are the two totality of circumstances?

Answer 20

1) influential circumstances: environment and you.

2) officer vs threat factors

Question 21

What are the prerequisites to the escalation of force?

Answer 21

Is the action worth the risk
Is the amount of force reasonably necessary
Does the threat have the opportunity to comply with commands
Is current action accomplishing desired results