Use Of Force Exam Flashcards
(36 cards)
control superiority principle
a recognized officer advantage over a recognized subject disadvantage
what is force?
the amount of physical effort, however slight, required by police to compel compliance by an unwilling individual
OODA LOOP
OBERSERVE
ORIENT
DECIDE
ACT
reverence for human life
overall object of any tactical encounter is to gain control and saftely resolve the situation
no arrest conviction or evidence, can overweigh the value of human life
What needs to be done first before an officer can use force?
**and **
When should an officer use force?
a law enforcenment officer** shall** not use force upon another person unless de-escalation tactics have been attempted and failed or are not feisable based on the totality of circumstances and such force is proportionate to
- effect lawful arrest or detetion of a person
- prevent the escape from custody
- prevent imminment harm and the amount of forced used is proportionate to the threat of immiment harm
- defend against somone who intiates force against an officer
What are de-escalation tactics?
de- escualtion tactics are….
proactive actions and appraoches used by an officer to stabilize a law enforcement situation so that…… more time, options and reserouces are available to gain a persons voluntary complaince and to reduce or elimate the need to use force
examples of de- escalation tactics
- warnings
- slowing down pace of inncident
- creating distance between officer and threat
- requesting additional resources to resolve the inncident
DE-ESCALATION TACTICS
MUST BE FEASIBLE
de- escalation tactics are
both a** tactic **and an outcome
prohibited uses of force
except to gain, regain, or maintain control of an individual and apply restraints an officer SHALL NOT Intentionally
sit, kneel, or stand on an individuals chest, neck or spine AND shall not force an individual to lie on their stomache.
IN NO EVENT may an officer intentionally sit, kneel, or stand on an indivdual’s neck or head
individuals may lie on their stomache for a short amount of time to gain control, but they must be placed into the recovery postition or placed in a seated postion as soon as practicable
prohibited use of force pt2
an officer shall not obstruct the airway or limit the breathing of any individual, nor shall an officer restrict oxygen or blood flow to an individuals head or neck.
CHOKEHOLDS
ARE NEVER ALLOWED. EVER!
Chokehold: tactic to to restrict, or obstruct a persons breathing, or oxygen or blood flow to a persons head or neck by placing any body parts around a persons neck with intent and **result **of causing boldily injury, unconciousness or death.
if done by accident, stopped/corrected action and none the of the follwing above happened its ok, but if a chokehold happened by accident and the person was bodily injuried, unconciousness or died then you are at fault
discharging firearm into MV
an officer shall not discharge any firearm into a moving MV unless based on the totatlity of circumstances, including the risk of saftey to other persons in area, must be objectivly reasonable, neccessary to prevent immimment harm to a a person, discharge is proportionate to the immediate threat only with the following conditions
** 1** person in mv is threatening officers, or another person with deadly force by other means than the mv, or the vehicle is operated in a manner to strike officer or people.
if feasible jumping out of the way of the vehicle and other means of defence must happen first
** 2** officers have not intentionally positioned themselves to be struck by vehicle (surrounding the vehicle)
** 3 **Officer is not firing to strictly disable the vehicle
**4 **circumstances provide high chance of stoping or striking intended target
Grahm vs Connor
established that a use of force during an arrest/investigatory stop is a a seizure under the 4th admendment.
when using force courts will examine if the officers actions are objectivly reasonable in light of the** facts and circumstances** confronting the officer at the time the inncident occured.
use grahm factors to determine objectivly reasonableness
objectivly reasonableness test
(GRAHAM FACTORS)
**S **severity of crime
**I **immediate threat
R resisting arrest
**F **flight (evading arrest)
Grahm vs connor
reasonableness how is it viewed?
use of forced must be judged from the perspective of a reasonable officer on the scene rather than the 20/20 vison of hindsight.
(if an imaginary officer was at the scene would they use the same or similar amount of force given the circumstances at the time)
what must be taken into account when assessing reasonableness.
must take into account that officers are forced to make split second decisons in circumstances that are tense, uncertain, and rapidly evolving: -About the amount or force that is necessary in a particular situation
perceived subject actions
categories
- compliant
- passive resistance
- active resistance
- agressive/combative
passive resistance
individual who is noncompliant with officer commands that is nonviolent and does not pose an immediate threat to officers or the public
(Examples are sit-ins, boycotts, mass demonstrations, and refusal to obey, or comply.)
officers shall only use force necessary against an individual who is engaged in passive resistance to effect lawful arrest or detention and shall use de-escalation tactics when feasible
Tennasee vs. Garner
officers cannot use deadly force (shooting a gun) to prevent the escape of a suspect if the suspect poses no immediate threat to the saftey of others or an officer.
Also any use of force must be reaonsable AT THE TIME THE FORCE WAS APPLIED.
duty to intervene
an officer who observes another officer using physical force(include deadly) beyond what is necessary or objectivly reasonable must report to supervisor as soon as possible no later than the end of the his/her shift in writing describing the situation.
how to get de certified as a police offcier
any harrassement, intimidation, or retaliation against any offcier who intervened to prevent or stop an excessive use of force, reported an excessive use of force, or is required to report a use of excessive force.
Any harrassment…..etc must be reported to supervisor immediately.
Corey Hill vs Christopher miracle
Grahm factors are not applicable in medical cases: set standard of force for medical cases:
- was the person expereincing a medical emergency that rendered him incapable of making rational decisons? was he/she a harm to himself or others?
- was some degree of force reasonably neccessary to ameliorate (stop) the threat?
- was the force used more than necessary under the cirumstances? (was it excessive?)
know totality traingle
perceived circumstances (top)
perceived subject actions.(left corner)
reasonable officer response (right corner)
perceived circumstances
reasonable officer perspective of the situation
