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33 Cards in this Set
- Front
- Back
What constitutes Deadly Force? |
Force which is CAPABLE of causing death or serious bodily harm |
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What is amendments limit the use of force by police? |
4th 5th 8th 14th |
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Defense & Control are? |
Two basic legal purposes of police force |
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Graham V Connor resulted in what? |
The reasonable force standard, I.e. how a reasonable officer would act based on the situation at that time |
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Tennessee V Garner resulted in? |
Limited the use of deadly force on a fleeing suspect UNLESS the suspect poses a significant threat to the officers or public. |
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What is the reasonable officer standard? |
How another officer would respond when facing the situation, assuming same experience/training |
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What is SEIZURE? |
Stoppage of freedom of movement through intentional means/actions. (Applies when shooting results in death) |
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What section of Title 18 dictates use of force? |
Section 508 |
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Officers must follow the force continuum steps in order, true or false? |
False. Force continuum is a progression of force, but does not require the officer to progress step by step. |
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An officer telling a suspect to halt, lay prone, place hands up are all examples of what type of force? |
Verbal cues |
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T or F, according to section 508, police have a duty to retreat? |
False, police have no duty to retreat. |
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What are the elements used to justify use of deadly force? |
Ability, opportunity, imminent danger, options |
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What is the theory that suggests using 1 level of force higher than the suspect is (assuming it is reasonable)? |
Plus One Theory |
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What is deescalation? |
Using actions (to include verbal cues) to mitigate a threat/situation. I.e. “talking them down” |
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Force used by officers should be? |
Objectively Reasonable |
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If observing a fellow officer about to use unreasonable force, you have a ________? |
Duty to intervene |
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Use of deadly force should be documented _______, _______, & _________. |
Promptly, completely, & accurately |
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Diminished sound, tunnel vision, “auto pilot”, and slow motion (temporal distortion) are examples of? |
Perceptual and memory distortion |
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Police a to use the _______ mindset? |
Guardian |
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What are signs of resistance from a suspect? |
Passive resistance Psychological intimidation Verbal Passive resistance Defensive resistance Active aggression Aggravated active aggression (deadly force) |
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What are the “graham factors” for choosing appropriate force? |
Seriousness of crime Immediate threat Resisting Fleeing |
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San Francisco V Sheehan stated that police must accommodate disabilities while arresting someone (including mental health issues)? T or F? |
True |
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Define deadly force |
Force which, under the circumstances in which it is used, is readily capable of causing death or serious bodily harm |
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Define non-deadly force. |
Force that is not designed and not likely to cause death or serious bodily harm. |
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Define Forcible felony. |
A felony involving actual or threatened serious bodily injury. |
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What did Scott V Harris reinforce? |
It re-established the “objective reasonableness standard” of Graham V Connor. |
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Which amendment covers search and seizure? |
The 4th amendment |
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Which amendment guarantees due process? |
The 14th |
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Browser V Inyo determined that? |
Seizure employing potential deadly force is excessive when the suspect does not pose a “significant threat” to the public |
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True or false, Sacramento V Lewis determined that a death resulting from “force unintentionally applied” meets the 4th amendment rules for seizure? |
False, it determined that in order for death to result in a “4th amendment seizure” it must result from intentionally applied means” |
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What must the court use when determining 4th amendment protections as a result of Graham V Connor? |
Totality of the circumstances |
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Under which title/section can you be held liable for civil rights violations? |
Title 42 section 1983 |
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Under the findings of Tennessee V Garner, an officer pursuing a retail theft suspect may use deadly force to end the pursuit? |
False. The results of TvG states that the suspect must pose a significant threat to the officer or public to warrant deadly force. |