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27 Cards in this Set
- Front
- Back
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REASONABLE FORCE
defined |
legal term for how much and what kind of force a peace officer may use in a given circumstance.
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REASONABLE FORCE P.C.
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835a PC-
"any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance. a peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance." |
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4TH AMENDMENT
"OBJECTIVE REASONABLENESS" CASE LAW |
GRAHAM V. CONNOR
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COMPONENTS FOR DETERMINING REASONABLENESS (4)
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1- judged from the perspective of a reasonable officer.
2- examined through the eyes of an officer on the scene at the time the force was applied, not the 20/20 vision of hindsight 3- based on the facts and circumstances confronting the officer without regard to the officer's underlying intent or motivation. 4- based on the knowledge that the officer acted properly under the established law at the time. |
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ADDITIONAL GAUGES FOR REASONABLENESS
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• severity of the crime
• nature and extent of the threat posed by the subject • degree to which the subject resists arrest or detention • any attempts by the subject to evade arrest by flight |
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REASONABLE OFFICER STANDARD
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• would another officer
• with like or similar training and experience • facing like or similar circumstance • act in the same way or use similar judgement |
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SUBJECT DUTY TO SUBMIT TO ARREST
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834a PC-
"if a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest." |
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AGENCY POLICIES/ USE OF FORCE
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officers are bound by department policies
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FORCE OPTIONS
defined |
choices available to a peace officer in each agency's policy to overcome resistance, effect arrest, prevent escape, or gain control of the situation.
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OBJECTIVE FOR USE OF FORCE
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the objective for the use of force by peace officers is to gain and maintain control of an individual and the situation.
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REASONABLE FORCE
defined |
legal term for how much and what kind of force a peace officer may use in a given circumstance.
|
|
|
REASONABLE FORCE P.C.
|
835a PC-
"any peace officer who has reasonable cause to believe that the person to be arrested has committed a public offense may use reasonable force to effect the arrest, to prevent escape or to overcome resistance. a peace officer who makes or attempts to make an arrest need not retreat or desist from his efforts by reason of the resistance or threatened resistance of the person being arrested; nor shall such officer be deemed an aggressor or lose his right to self-defense by the use of reasonable force to effect the arrest or to prevent escape or to overcome resistance." |
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4TH AMENDMENT
"OBJECTIVE REASONABLENESS" CASE LAW |
GRAHAM V. CONNOR
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COMPONENTS FOR DETERMINING REASONABLENESS (4)
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1- judged from the perspective of a reasonable officer.
2- examined through the eyes of an officer on the scene at the time the force was applied, not the 20/20 vision of hindsight 3- based on the facts and circumstances confronting the officer without regard to the officer's underlying intent or motivation. 4- based on the knowledge that the officer acted properly under the established law at the time. |
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ADDITIONAL GAUGES FOR REASONABLENESS
|
• severity of the crime
• nature and extent of the threat posed by the subject • degree to which the subject resists arrest or detention • any attempts by the subject to evade arrest by flight |
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REASONABLE OFFICER STANDARD
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• would another officer
• with like or similar training and experience • facing like or similar circumstance • act in the same way or use similar judgement |
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SUBJECT DUTY TO SUBMIT TO ARREST
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834a PC-
"if a person has knowledge, or by the exercise of reasonable care, should have knowledge, that he is being arrested by a peace officer, it is the duty of such person to refrain from using force or any weapon to resist such arrest." |
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AGENCY POLICIES/ USE OF FORCE
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officers are bound by department policies
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|
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FORCE OPTIONS
defined |
choices available to a peace officer in each agency's policy to overcome resistance, effect arrest, prevent escape, or gain control of the situation.
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OBJECTIVE FOR USE OF FORCE
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the objective for the use of force by peace officers is to gain and maintain control of an individual and the situation.
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FORCE OPTIONS
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• verbal commands/instructions/command presence
• control holds/takedowns • impact weapons • electronic weapons (tasers, stun guns, etc.) • chemical agents • firearms • body weapons • impact projectile • carotid restrain control hold |
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DEADLY FORCE
defined |
applied by a peace officer is force that creates a substantial risk of causing death or serious bodily injury
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CASE LAW FOR DEADLY FORCE
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Tennessee v. Garner
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COMPONENTS OF GARNER DECISION
LEGAL STANDARD FOR DEADLY FORCE |
• "... if the subject threatens the officer w/ a weapon or there is PC to believe that he has committed a crime involving the infliction of GBI [or death]..."
• "... PC to believe that the subject poses a threat of death or serious physical harm, either to the officer or others..." • "... PC to believe that the use of deadly force is reasonably necessary..."[to prevent escape} • "... some warning be given prior to the use of deadly force is reasonably necessary..." [to prevent escape] |
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ELEMENTS NEEDED TO ESTABLISH SUFFICIENCY OF FEAR
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• circumstances must be sufficient to excite the fears of a reasonable person in like circumstances
• person must not act under the influence of fear alone. has to be some circumstances or overt act apart from the officer's fear. • decision to use deadly force must be made to save one's self or another from GBI or death. |
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CONSIDERATIONS WHEN TO USE DEADLY FORCE
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decision to use deadly force may be influenced by the officer's:
• training and experience • judgement • mental alertness • emotional maturity • existing facts and circumstances • understanding of the law as it relates to : - agency policies concerning the use, and - the amount of force that is objectively reasonable to achieve the law enforcement mission |
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AGENCY POLICY AND DEADLY FORCE
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officers must follow agency policy, federal and state law.
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