Use of Force
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Questions and Answers

What is the limit on the amount of force that can be used to secure an arrest?

  • Greater force than necessary
  • No greater force than necessary (correct)
  • The same level of force used by the accused
  • No limit on the amount of force

    • Which of the following is not a requirement when making an arrest?

  • Using reasonable means
  • Using excessive force (correct)
  • Securing the arrest and detention of the accused
  • Using no greater force than necessary

    • In making an arrest, all __________________ means are permitted to be used to effect it. No greater force, however, shall be resorted to than is ____________ to secure the arrest and detention of the accused.

  • force/needed
  • reasonable/necessary (correct)
  • necessary/needed
  • None

    • Even though an actor is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also recklessly injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.

    <p>RECKLESS INJURY OF INNOCENT THIRD PERSON</p> Signup and view all the answers

    Even though an _________ is justified under this chapter in threatening or using force or deadly force against another, if in doing so he also __________ injures or kills an innocent third person, the justification afforded by this chapter is unavailable in a prosecution for the reckless injury or killing of the innocent third person.

    <p>actor/recklessly</p> Signup and view all the answers

    Which case is the big UOF case?

    <p>Graham v Connor</p> Signup and view all the answers

    Which case resulted in the officers not being held liable because their actions were reasonable given the facts and circumstances at the time?

    <p>Graham v Connor</p> Signup and view all the answers

    Case that established an officer cannot use deadly force without an immediate threat to himself or others.

    <p>Estate of Ceballos v Bridgwater, Porras &amp; Mull</p> Signup and view all the answers

    _________________________ force that is intended or known by the actor to cause, or in the manner of its use or intended use is capable of causing, death or serious bodily injury.

    <p>Deadly Force</p> Signup and view all the answers

    ______________ amount of lawful physical coercion sufficient to achieve a legitimate law enforcement objective and is objectively reasonable under the facts, circumstances and alternatives confronting an officer at the time action are taken.

    <p>Reasonable Force</p> Signup and view all the answers

    What are the 3 factors to consider for UOF?

    <p>All the above</p> Signup and view all the answers

    Where does our authority to use force NOT come from?

    <p>National Standards</p> Signup and view all the answers

    A peace officer is justified in using force necessary to arrest if the search was lawful and _____________________________________.

    <p>was identified as a peace officer</p> Signup and view all the answers

    A ____________________ a peace officer (or one acting at his direction) is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to make or assist in making a lawful arrest, or to prevent or assist in preventing escape after lawful arrest if, before using force, the actor manifests his purpose to and the reason for the arrest or reasonably believes his purpose and the reason are already known by or cannot reasonably be made known to the person to be arrested.

    <p>trooper or</p> Signup and view all the answers

    There is no duty to retreat before using deadly force justified

    <p>True</p> Signup and view all the answers

    A defendant who uses force or deadly force that is justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant’s use of force or deadly force, as applicable.

    <p>True</p> Signup and view all the answers

    Can you shoot an inmate escaping from jail?

    <p>Yes</p> Signup and view all the answers

    The objective of ____________ is to elicit cooperation from the violator.

    <p>Control</p> Signup and view all the answers

    ___________ is that degree of influence the officer must exert over the violator to take him into custody safely.

    <p>Control</p> Signup and view all the answers

    Which of the following is not a part of the Pyramid Concept in ASP Baton Training?

    <p>Threat Level</p> Signup and view all the answers

    The primary striking surface of an open ASP Baton is the:

    <p>Last 3 inches of the Baton</p> Signup and view all the answers

    ASP Baton techniques, like other defensive tactics techniques, are selected based on the ability of the technique to ________ versus _________.

    <p>control, injure</p> Signup and view all the answers

    During the open mode straight strike with an ASP baton, the reaction hand is:

    <p>palm down gripping the shaft</p> Signup and view all the answers

    Which of the following indicates peace officer is acting professionally?

    <p>The ability to describe and characterize one's performance to superiors</p> Signup and view all the answers

    In which of the following cases would a person be justified in using deadly force to protect tangible, movable property would not be recovered?

    <p>To prevent the other person's imminent commission of burglary</p> Signup and view all the answers

    One of the presumptions written in PC 9.31 (self-defense) is a presumption that the use of force against a person is immediately necessary if the person is committing or attempting to commit which of the following offenses?

    <p>aggravated kidnapping</p> Signup and view all the answers

    Use of force is justified

    <p>to defend against an officer's use of force to arrest when the arrestee has not otherwise resisted</p> Signup and view all the answers

    Any theft of any estate, personal or mixed, by an executor, administrator, guardian or trustee, with the intent to defraud any creditor, heir, legatee, ward, distributee, beneficiary, or settlor of a trust interested in such of trust interested in such estate, must be presented for indictment within

    <p>10 years</p> Signup and view all the answers

    Conduct is justified under PC 9.22 if

    <p>all of these</p> Signup and view all the answers

    In accordance with the penal code, an arrest is made:

    <p>Both A and C</p> Signup and view all the answers

    Noun Force is

    <p>All</p> Signup and view all the answers

    Which of the following is a risk factor in the physical process of arrest?

    <p>supportive spectators</p> Signup and view all the answers

    A peace officer is __________ liable for damages arising from an act relating to the collection or reporting of information as required by CCP Art. 2.133 or under a policy adopted under CCP Art. 2.132

    <p>not</p> Signup and view all the answers

    A peace officer MAY NOT use deadly force

    <p>to prevent the other from fleeing immediately after committing arson</p> Signup and view all the answers

    Even though an actor is justified in the penal code in threatening or using force or deadly force against another, if in doing so he recklessly injures or kills an innocent third person

    <p>the justification afforded is unavailable in a prosecution for the reckless injury or killing of the innocent third person</p> Signup and view all the answers

    _________ is a writ issued by the court directed to any peace officer commanding im to arrest a person accused of an offense and bring him before that court immediately

    <p>capias</p> Signup and view all the answers

    An office may use deadly force

    <p>when the officer or someone else's life is in immediate danger</p> Signup and view all the answers

    All of the following persons can use force to safeguard or promote the welfare of a child except:

    <p>a spouse of a child</p> Signup and view all the answers

    An officer displaying a weapon to another constitutes deadly force even if the actor's purpose is limited to creating an apprehension and that he will use deadly force, if necessary

    <p>False</p> Signup and view all the answers

    Confinement is justified when force is justified and the actor who has confined a person has no duty to terminate the confinement

    <p>False</p> Signup and view all the answers

    No specified limitation for a felony offense for obtaining an indictment is _______- years

    <p>3</p> Signup and view all the answers

    Forcible detention of a person and other coercive measures to detain him within certain limits

    <p>constructive custody</p> Signup and view all the answers

    Castle Doctrine - a citizens use of force is presumed to be reasonable if they had reason to believe the person against whom the force was used was attempting to enter all the following except

    <p>fenced in property</p> Signup and view all the answers

    Dose of OC spray is:

    <p>1-4 secs</p> Signup and view all the answers

    Federal civil rights cases under title sections 241 and 242 USC are concerned with:

    <p>ferderal criminal violations</p> Signup and view all the answers

    Degree of influence the officer must exert over the violator to take him or her safely into custody is known as______

    <p>control</p> Signup and view all the answers

    Milstead v Kibler: officers performing a discretionary function enjoy an immunity that shields them from liability for civil damages. However, the immunity can be defeated if the officers conduct meets all but the following criteria

    <p>There is conflicting case law as to the legitimacy of the contact such that an officer should know not to engage in such conduct</p> Signup and view all the answers

    Limitation for indictment for abandoning or endangering a child is ____ years

    <p>5</p> Signup and view all the answers

    A threat to cause death or SBI by the production of a weapon constitutes deadly force

    <p>False</p> Signup and view all the answers

    Identify the elements that an officer must recognize and control in every encounter

    <p>problem, audience, constraints, ethical presence</p> Signup and view all the answers

    Compensating behavior is all of the following except:

    <p>discrection</p> Signup and view all the answers

    ______________ is the degree of influence an officer must exert over a violator

    <p>control</p> Signup and view all the answers

    A person in lawful possession of land or tangible, movable property is justified in using _______ against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the others trespass on the land or unlawful interference with the property.

    <p>force</p> Signup and view all the answers

    To do violence to, compel by physical, moral, or intellectual means. Make or cause through natural or logical necessity

    <p>Veb force</p> Signup and view all the answers

    Use of force compensating behavior may take the form of all answers listed except:

    <p>articulation</p> Signup and view all the answers

    Weaponless strategies include:

    <p>touching</p> Signup and view all the answers

    A person represented by legal counsel may in open court or by written intrument voluntarily waive the right to be accused by indictment

    <p>of any offense, other than a capital felony</p> Signup and view all the answers

    Under CCP, a defendant in a criminal matter is entitled to be represented by counsel in _________

    <p>an adversarial judicial proceeding</p> Signup and view all the answers

    No person shall be held to answer for a felony unless on indictment of a ________

    <p>grand jury</p> Signup and view all the answers

    Such an exhibition of weapon or the commission of a violent felony suggesting that the suspect is likely to pose a threat of death or injury if not immediately apprehended, the 4th amend prohibits seizure of the suspect y the use of deadly force

    <p>Tennessee v Garner</p> Signup and view all the answers

    A police supervisor has a ___________ duty to intervene to stop officers who are engaging in excessive force in their presence

    <p>affirmative</p> Signup and view all the answers

    A person who fails to return to custody following a temporary leave for a specific purpose

    <p>Escape</p> Signup and view all the answers

    Before one can be justified in using force for self-defense a citizen must attempt to retreat from the confrontation

    <p>False</p> Signup and view all the answers

    Can you use deadly force to prevent suicide?

    <p>No</p> Signup and view all the answers

    Tools and tactics used to maintain a psychological and physical edge include all of the following except

    <p>bluffing</p> Signup and view all the answers

    Which of the following is a factor that might commonly effect the use of defensive sprays?

    <p>wind</p> Signup and view all the answers

    Force against a mentally incompetent person is justified only if the actor is of blood kin

    <p>False</p> Signup and view all the answers

    Which of the following appeals works well with persons who are headstrong?

    <p>personal</p> Signup and view all the answers

    Theft by a public servant of governmental property over which he exercises control in an official capacity?

    <p>10 years</p> Signup and view all the answers

    ASP danger zone

    <p>6 feet</p> Signup and view all the answers

    Inner control of the officer, departmental policy and organizational norms are all ___________ considerations which may affect an officers decision to use force

    <p>moral</p> Signup and view all the answers

    Study Notes

    Arrest and Use of Force

    • The limit on the amount of force that can be used to secure an arrest is the amount necessary to secure the arrest and detention of the accused.
    • The requirement for making an arrest is that the search was lawful and the officer has manifested his purpose and the reason for the arrest.
    • An officer is justified in using force necessary to arrest if the search was lawful and the officer has manifested his purpose and the reason for the arrest.
    • Deadly force can be used to prevent suicide.

    Use of Force and Liability

    • A defendant who uses force or deadly force justified under Chapter 9, Penal Code, is immune from civil liability for personal injury or death that results from the defendant’s use of force or deadly force.
    • A peace officer is not liable for damages arising from an act relating to the collection or reporting of information.
    • An officer may not use deadly force against a fleeing suspect unless the officer reasonably believes that the suspect poses a significant threat of death or serious physical harm to the officer or others.

    ASP Baton Training

    • The objective of ASP Baton Training is to elicit cooperation from the violator.
    • The primary striking surface of an open ASP Baton is the edge.
    • ASP Baton techniques are selected based on the ability of the technique to effectively control versus seriously injuring or killing.

    Self-Defense and Property Protection

    • A person in lawful possession of land or tangible, movable property is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to prevent or terminate the other's trespass on the land or unlawful interference with the property.
    • The Castle Doctrine states that a citizen's use of force is presumed to be reasonable if they had reason to believe the person against whom the force was used was attempting to enter the citizen's habitation, business, or vehicle.

    Police Procedures and Liability

    • A police supervisor has a duty to intervene to stop officers who are engaging in excessive force in their presence.
    • An officer may be held liable for civil damages if the officer's conduct meets certain criteria.
    • A peace officer is justified in using force necessary to arrest if the search was lawful and the officer has manifested his purpose and the reason for the arrest.

    Miscellaneous

    • A threat to cause death or serious bodily injury by the production of a weapon constitutes deadly force.
    • Confinement is justified when force is justified and the actor who has confined a person has no duty to terminate the confinement.
    • A person represented by legal counsel may in open court or by written instrument voluntarily waive the right to be accused by indictment.
    • A person who fails to return to custody following a temporary leave for a specific purpose is considered an escapee.

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    Test your knowledge on the use of force in making an arrest and the limitations surrounding it. Explore scenarios where justified force may lead to unintended consequences. Identify key legal principles regarding arrests and the use of force.

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