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20 Cards in this Set
- Front
- Back
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reasonable force |
-how much and what kind of force a reasonable officer of the same experience may use in a given circumstance |
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835(a) PC |
-reasonable force -an officer may use reasonable force to affect an arrest, prevent escape, overcome resistance, of a suspect |
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Graham v Connor Objective reasonableness |
-1989 -judged from prospective of reasonable officer given the officer's training/experience -examined through the eyes of an officer on scene at the same time. (no hindsight) -based of fact and circumstance and not officer intent or motivation -recognizing established law |
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control |
-the objective of use of force is to gain/maintain control of individual and situaton |
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additional gauges for reasonableness |
-severity of the crime -nature and extent of threat posed by the subject -degree to which subject resists -attempts made by subject to evade arrest or flight |
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reasonable officer standard |
-would an officer with similar training, experience, and background, facing a similar circumstance, act in the same way, or make the same judgement? |
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pc 834(a) |
whether legally detained or arrested, it is a subjects duty to refrain from resisting the officer's authority |
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pc 835 |
-an arrest is made by restraint of a person or submission to custody of officer. arrestee is subject to reasonable restraint for arrest and detention |
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pc 835(a) |
-an officer may use force to affect an arrest, overcome resistance, prevent escape, of a person believed to have committed a public offense |
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agency policy |
-always follow agency's policy and procedure |
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objectively reasonable force |
-pertains to each specific situation and must be evaluated seperately |
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officer's gear |
-uniforms-functionality, mobility, command presence -gear -firearm -body armor |
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factors affecting force selection |
-police/public safety -nature of resistance -weapon -nature of offense -physical, mental characteristics -availability of assistance -location, surroundings |
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force options |
-chem, impact, tazer, dt, verbal, deadly force, body weapons, impact projectiles, carotid hold |
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PC 196 |
justifiable homicide when used of necessity -in obedience of judgement of a competent court -when necessarily committed in overcoming actual resistance to the execution of a legal process -when retaking a felon or arresting a person charged wit a felony who is fleeing or resisting where deadly force is reasonable |
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Deadly force is not justified when... |
dealing with a non violent felon or misdemeanant |
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sufficiency of fear |
-reasonable fears as judged by a person in the same situation -must not act on fear alone -fear of gbi to self or public must be present |
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reasons for good reports |
-memory, evidence, witnesses may become compromised over time waiting for trial |
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officer consequences |
-PC 147 inhumanity -PC 149 assault by officer -PC 661 neglect -PC 673 aid abet in detention facility fed law -18-242 criminal depriving of rights -142-1983 civil depriving rights
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intervention |
-Caution, physical restraint, report -verbal, physical, restraint, discussion, admonishment, training |
