Use of Force - Law & Concepts

Physchological and Physiological training can have a positive effect on a person threatened with danger to ensure that he or she can survive a conflict situation without resorting to excessive use of force. Which of the following has a significant effect

Development of instinctive reactions

To judge whether a peace officer did or did not exceed his or her authority to use ofrce in apprehending an offender, the courts will apply the Penal Code standard of ______ force in looking at the officer's action.

Reasonable

In accordance with the Penal Code, an arrest is made

Only when an officer tells an offender, " You are under arrest." Or when the officer assumes actual restraint of the person

Whenever an offender escapes from custody,

Peace officers may use reasonable force to effect the arrest or the prevent escape

Deadly force is

The amount of force likely to cause death or serious bodily injury to another

For a peace officer, "reasonable belief," is defined as the belief of

Another peace officer acting in the same circumstances

According to the Penal Code, the use of force is not justified

Against another who is fleeing immediately after committing the crime of arson

Use of force is justified

To defend against an officer's use of force to arrest when the arrestee has not otherwise resisted

Which of the following is one of the conditions officers must consider when faced with the use of deadly force?

The type of crime and suspect(s) involved, the threat to the lives of innocent persons, both present and future, the law and the peace officer's agency policy, the threatening weapon's capabilities

The Fourth Amendment to the Constitution limits the level of force that may be used to _________ force.

Reasonable

Which of the following is true regarding "warning shots?

Warning shots are not generally authorized

In the line of duty, you fire your weapon at a person who is armed and in the imminent commission of robbery. One of your rounds kills the armed felon; however, a second wound recklessly injures an innocent third person who was behind the subject. Which o

Officers have no defense in this situation an can face both criminal and civil litigation

Conduct is justified under PC 9.22 if

It is immediately necessary to avoid imminent harm, the desirability of avoiding the aharm clearly outweighs the harm sought to be prevented, a legislative purpose to exclude the justification does not otherwise plainly appear in the code

If a person is immediately escaping after committing a property theft at nighttime, the use of deadly force is

Justified if you honestly believe the property will never be recovered by any other means

Under CCP 6.06, peace officers have ___ to prevent injuries to others (including suicide) and protect other people's property

A duty

Officers who use excessive force in the performance of duty are subject to

Personal compensatory, punitive civil, and criminal, as well as person civil rights violations

Victims of police abuse and/or assault frequently file a suit against a police agency alleging that the governmental entity has liablity because it

Failed to train the officer in correct use of force

Rasonable force" to effect arrest or prevent escape is

Permissible to overcome resistance

Even though an officer may be within the law to shoot at a fleeing felon, the officer is ultimatly responsible for

The termination of the bullet's flight

A "tort" litigation is adjudicated in a

Civil court

The most widely recognized duty of a law enforcement officer is that of avoiding _______ in accomplishing the police task.

Negligence

To justify using force to arrest or search a suspect, you must

Reasonably believe the arrest or search is lawful, communicate your purpose to arrest or search, identify yourself as a peace officer unless your identify is al-ready known or you are in uniform.

In considering whether to use deadly force, a officer must consider

The type of crime, immediacy of the threat, and suspect(s) involved, the threat to the lives of other people, the surrounding enviornment, background, buildings, and vehicles, agency policy, the officer's capabilities, and the suspect's capabilities

Which of the following is the most common condition found in law enforcement agency policy justifying the use of deadly force in a law enforcement situation?

Defense of self or others when immediate threat to life exisits

In which of the following situations is the use of force to effect an arrest justified?

Use of a duty weapon to prevent a fleeing felon from inflicting great bodily harm on an innocent third person

Shooting at nonviolent fleeing felons is

Limited to situations where the officer or an innocent third party is physically threaten

Shooting at a fleeing violent offender in a moving automoblie is

Generally not recommended because the accuracy and path of the bullet are unpredictable

Under which of the following situations is an officer authorized under the law to use force, including deadly force, to prevent the escape of a person?

A person is escaping from a correctional facility

A parent may use force, but not deadly force, against a child younger than age ___ if the parent reasonably believes the force is necessary to disipline the child or safeguard or promote his or her welfare.

18

In which of the following circumstances would you not be justified in firing your duty weapon?

You fire a warning shot at a nonviolent fleeing felon, you shoot at a fleeing moving vehicles that is in the process of being stolen, you put an animal our of its misery at a loval park where other people were present, you firing even though you dont have

Which of the following are tools used to maintain a psychological and physical edge?

Staying at least one arm's length away from subject, demonstrating alertness at all times, staying emotionally in control of yourself personal appearance and bearing

What percentage of police cantacts involves verbal skills?

97%

About what percentage of police contacts require physical force?

3%

Your "verbal personality" thats results in gaining a person's cooperation results from

Words you use, tone of voice, the way you speak

Ethical presence" results from

Expression of self-control

Tools used to redirect someone's behavior include

Listening and Empathizing

The rational appeal is based on

Use of reasoning

When words and actions disagree

Trust actions not words

A criterion for assessing whether a person is acting professionally is the afficer's ability to

Know when to move from words to force, effectively communitcate with people outside the police profession, accurately assess a situation and define the problem

After a shooting incident, you should determine the physical condition of any injured person and render first aid when necessary. You summon necessay medical aid, notify the dispatcher, and

Surrender your duty weapon for examination as evidence

______ means under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court.

Custody

A peace officer walks into a busy convenience store and observes an armed robber at the cash register pointing a handgun at the clerk. The officer issues a challenge, "Police-dont move!" The robber turns and points the handgun at the officer. In self-defe

Reckless and therefore not justified under law

It ______ a defense to civil liability that the force used was within that degree of force authorized by the penal code.

Is not

Without a specific request to protect property, a person is justified in using force or deadly force against another to protect land or tangible, movable property of a third person if the actor is justified in using force or deadly force to protect one's

Spouse

Control is that degree of influence the officer must exert over a violator to take him or her safely into custody. Control is a "two-way-street." This means that

An officer must be in complete control to be able to control of the violator

An arrest can be both _____ and physical problem for officer and arrestee.

An emotional

A number of departments have adopted use-of -force continuum scales. Which of the following is a principal consideration in these scales?

Ineffective control results when the level of force is less than the subject's level of resistance, excessive contol results when the level of force is unreasonably greater than the subjects level of resistance, the force used should be no more than a rea

The good faith defense for an officer is ______ when following the written directives of the department.

Greatly enhanced

Shots at or from a motor vehicle, warning shots, and shot to destroy animals

Should be in accordance with departmental

Where an officer has probable cause to believe that the suspect has committed a crime involving the infliction or threatened in-fliction of serious physical harm, either to the officer or to others, ______ may be used to prevent escape.

Deadly force

Use of physical force against a person who is in the presence of the police for custodial interrogation (who poses no threat to their safety or that of others and who does not otherwise initiate action that would indicate to a reasonably prudent peace off

Unconstitutional

Reasonable or necessary force is

The minimum amout of law aggression sufficient to achieve legitimate law enforcement objectives

In physical arrest, the police role is essentially defensive. "Defensive" means

Serving and protecting, devoted to resisting, preventing aggression

A father finds his 16 year old son on the porch of a known crack house. The father goes to the son and pulls him to the car while the son screams in protest. Is theis excessive force?

NO- if the force used is to protect the welfare of the child

Force that is intended by the actor or known to cause death of serious bodily injury is called _______ force

Deadly

What level of force may be used to effect a lawful arrest?

Necessary

An officer who uses excessive force may face

Civil suits, criminal charges, and department liability

How much force may an officer take to prevent a threatened injury to him-or herself or another?

Force equal to the person's threat

An area of increasing interest in recent history is under what circumstances police are allowed to use deadly force in order to arrest a fleeing felon. In the US Supreme Court case __________, the Court announced that using deadly force to apprehend a sus

Tennessee v. Garner

Which of the following persons has responsibility to intervene and stop an officer who uses or engages in excessive force?

Any fellow nonsupervisory officer on the scene

During an administrative investigation regarding use of force, officers may be compelled to answer questions, participate in a line-up, or take a polygraph examination. If the officer is warned of the possible consequences of noncooperation, she may be di

Garrity v. New Jersey

Conspiracy against the rights of citizens is found in federal law

Title 18, Section 241, U.S. Code

Deprevation of rights under color of law is found in federal law

Title 18, Section 242, U.S. Code

The right to use lawful force is outlined in the

Penal Code

When an officer arrives on the scene, his or her appearance should be considered as

Professional presence`

According to Penal Code, ____ is failing to return to custody following a temporary leave for a specific purpose.

Escape

According to the Penal Code, deadly force is NOT justified to

Prevent someone from committing suicide

__________ are obstacles to effective communication, and officers should try to eliminate them if possible.

Personal appeals

Which of the following is one of the helpful tools used in verbal persuasion?

Empathy