Use Of Force

Front 1

Constitutional amendments limiting police use of force:

Back 1

-4th

-8th

14th

Front 2

Power to use force is granted to police by which chapter/section of the PA Crimes Code? Pittsburgh Bureau of Police Policy?

Back 2

-Chapter 5 (18 PA. C.S. 508)

-12-6 & 12-8

Front 3

Graham V. Connor

Back 3

-1989

-Landmark case for the Objective Reasonableness Standard.

-Set precedent for viewing all uses of force as "seizures" through context of the 4th amendment

-Diabetic entering convenient store for OJ

-Split-second decision

-NOT viewed with 20/20 hindsight

Front 4

Brower V. County of Inyo

Back 4

-1989

-Under 4th Amendment a seizure occurs when a governmental termination of a person's movement is effected through means intentionally applied (first question in civil rights cases)

-Total blockade/road block case

Front 5

Tennessee V. Garner

Back 5

-1985

-Established national standard for use of deadly force against fleeing suspects

-Unarmed teenager shot in back while climbing a fence during flight from robbery

Front 6

Sacramento V. Lewis

Back 6

-1998

-Only a purpose to cause harm unrelated to the legitimate object of arrest will satisfy the element of arbitrary conduct

-shocking the conscience

-"unintentional" case

-passenger falls off motorcycle and chasing police unintentionally hit and kill them

Front 7

Monell V. Dept. of Social Services of NYC

Back 7

-1978

-A local government is considered to be a person, and thus subject to lawsuits for violations of civil rights under 42 U.S.C. 1983

-Deep pockets theory

Front 8

Under 42 U.S.C.1983 can remedies for violations of civil rights include both civil and criminal charges?

Back 8

Yes

Front 9

According to 42 U.S.C.8542(b), how can police officers lose the protection of governmental immunity?

Back 9

engaging in willful misconduct as defined in section 8550

Front 10

Deadly force is permissible when?

Back 10

Necessary to prevent death or serious bodily injury to self or another

Front 11

Non-deadly force is justified in making an arrest when?

Back 11

Necessary to:

-preserve peace

-effect an arrest

-defend officer or another from bodily injury

-prevent an arrested person from escaping

Front 12

What case law established the totality of the circumstances?

Back 12

Illinois v. Gates

Front 13

What isn't considered a tactical communication goal? (2)

Back 13

-reduce moral

-gain non-voluntary compliance

Front 14

According to the pursuit use of force continuum, which is considered seizure/less lethal force?

Back 14

rolling box

Front 15

What is an example of passive resistance

Back 15

someone drunk

Front 16

Which level of the force continuum would you use for a passive resistant person?

Back 16

verbal direction and officer precense

Front 17

What is the electronic pulse considered on the use of force continuum?

Back 17

seizure/less lethal

Front 18

Deploying spikes for a motorcycle is considered what type of force?

Back 18

seizure/deadly force (because it's a motorcycle)

Front 19

What aren't considered threat assessment cues?

Back 19

-talking

-movement

Front 20

What wouldn't be a behavioral description of a victim officer?

Back 20

not friendly

Front 21

Define imminent danger

Back 21

An aggressor which placed you or another in imminent fear for your life or fear of serious bodily injury

Front 22

The aggressors capability to kill or cause serious injury to you or another person describes what?

Back 22

ability

Front 23

Deadly force is justified in making an arrest when?

Back 23

necessary to prevent escape of an armed fleeing felon

Front 24

Police officers are sued under the civil rights act

Back 24

n/a

Front 25

What isn't a remedy for 42 U.S.C. 1983?

Back 25

junctive relief

Front 26

Will you have immunity if you chase a stolen vehicle with no lights and sirens and get in an accident?

Back 26

no

Front 27

What type of culpability is necessary for a due process violation of the 14th amendment?

Back 27

negligence

Front 28

Which section of the crimes code is use of force located?

Back 28

-Crimes and Offenses

-508

Front 29

What isn't an element of deadly force?

Back 29

threat assessment

Front 30

How many ways can the federal government charge you under the civil rights act?

Back 30

2

Front 31

Force that is readily capable of causing death or serious bodily injury is?

Back 31

Deadly force

Front 32

According to the force continuum, a K-9 would fall under:

Back 32

intermediate control

Front 33

Which code is the civil rights act?

Back 33

42 U.S.C. 1983

Front 34

According to the force continuum, what is considered to be seizure/deadly force?

Back 34

total roadblock

Front 35

According to the force continuum, hard empty hand control falls under?

Back 35

restraint & control

Front 36

When resistance stops the officer should:

Back 36

stop

Front 37

Remedies available in a 42 U.S.C. 1983 claim? (4)

Back 37

-Injunctive

-compensatory

-punitive

attorney fees awarded to prevailing lawyer

Front 38

Define Objective Reasonable Standard

Back 38

based on facts and circumstances available at the time

Front 39

Impact of Brower v. Inyo is that a seizure employing potential deadly force is excessive when used to apprehend a suspect wanted for a non-dangerous offense where the suspect doesn't pose a significant threat to the public.

Back 39

n/a

Front 40

Jones v. Chieffo

Back 40

-No immunity for negligent operation of patrol car

-Philadelphia case

Front 41

Define forcible felony

Back 41

a felony involving actual or threatened serious bodily injury

Front 42

Deadly force elements? (4)

Back 42

-ability

-opportunity

-imminent danger

-preclusion

Front 43

Force Continuum

Back 43

-Officer Presence

-Verbal Direction

-Restraint and Control (Soft/hard empty hand control, OC, Chemical Agents)

-Intermediate Force (Electrical, Impact Weapons, Impact Munitions)

-Deadly Force

Front 44

Types of Resistance

Back 44

-Psychological (Body Language)

-Verbal (tone)

-Passive (protests)

-Active (flight)

-Aggravated (deadly)