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11 Cards in this Set
- Front
- Back
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Seizure |
Termination of movement by government when it is objectively reasonable |
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Reasonable |
When you view the officer facts of a officer without 20/20 hindsight |
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Reasonable is judged by? |
.Totality of the circumstance . Reasonable officer standard . Perspective of an officer on the scene. . Facts known to the officer at the time Force was used. . Based on facts not conclusions. Not 20/20 hindsight |
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Court (policy is not law) |
. Courts use the objective reasonable standards . Courts do not consider your policy. . Police action may result in administrative actions. . Courts look at law not policy. |
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When is reasonable force reasonable. |
. Suspect threatens a officer with a weapon. Or the life of another. . Prevent suspect from escaping that may cause serious bodily or death to a LEO or others. . A verbal warning is not necessary but may be given if feasible. |
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Scott V. Harris |
Confirms that graham V. Conner sets the standards.
SPEEDING VEHICLE |
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When can an officer use tools. (Spray,batons) |
. Deter threat . Overcome resistance . Stop a flight |
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What is qualified immunity |
Officers pre trial defense to a constitutional tort |
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Qualified immunity elements |
1. Was the force unconstitutional 2. Was the right clearly established by law. |
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When does plaintiff win |
When they can prove both elements to judge |
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When does the officer win in qualified immunity |
When he can prove at least 1 element. |
