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1. Force Options

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75 Questions

In the BPOC, TCLEOSE indicates that communication is an important professional skill and that _______ % of an officer’s duties involve verbal skills.

97

The “good faith defense” for an officer is enhanced when following his department’s _____________.

written directives

In “ ________________” the reviewing Court held that a supervisor may be liable for acts of subordinate, even where supervisor has no direct involvement, if the supervisor has failed to document and take corrective action for prior similar acts of misconduct.

Shaw v. Stroud

The “threat of force”;

Is justified when the use of force is justified.

In PC Chapter 38, “____________” means unauthorized departure from custody or failure to return to custody following temporary leave for a specific purpose or limited period or leave that is part of an intermittent sentence, but does not include a violation of conditions of community supervision or parole other than conditions that impose a period of confinement in a secure correctional facility.

Escape

Approximately _______% of the time a message is received and interpreted based on how something was said rather than what is said.

93

In _________________ v. ________________ the Court ruled that the use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable. It is not better that all felony suspects die than that they escape.

Tennessee v. Garner

“____________” is defined as that degree of influence the officer must exert over the violator to take him or her safely into custody.

Control

A person by “______________” is justified in using force against another when and to the degree he reasonably believes the force is immediately necessary to protect himself against the other’s use or attempted use of unlawful force.

Self-defense

Communication is an important profession skill. ______% of an officer’s duties involves verbal skills. Only about _______% of contacts require physical force.

97, 3

In the BPOC, TCLEOSE indicates that communication is an important professional skill and that _______ % of an officer’s duties involve verbal skills.

97

Which of the following is true concerning “perception of a message” in the communication process?

60% of the time a message is received due to non-verbals (body language).

“ ______________” appeal was defined by TCOLE as an appeal to common sense, good judgment, or community standards.

Rational

One of the tools an officer uses to maintain a psychological and physical edge is _________.

demonstrated alertness

A person is justified in using force, but not deadly force, against another when and to the degree he reasonably believes the force is immediately necessary to ______________.

Prevent the other from committing suicide or inflicting serious bodily injury to himself.

In “__________________” the reviewing Court held that “An officer who is present at the scene and who fails to take reasonable steps to protect the victim of another officer’s use of excessive force can be held liable under 42 USC Sec. 1983

Davis v. Rennie

Law enforcement’s role in making a physical arrest is essentially ________________.

Defensive.

Which of the following statements is true in regards to “prevention of escape from custody?”

A guard employed by a correctional facility or a peace officer is justified in using any force, including deadly force that he reasonably believes to be immediately necessary to prevent the escape of a person from the correctional facility.

The “legal authority to use force” is found in;

Code of Criminal Procedure and Penal Code

In “__________________” the Court stated, “Government officials who perform discretionary functions are entitled to the defense of qualified immunity, which shields them from suit as well as liability for civil damages, if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable officer would have known. A defendant official must affirmatively plead the defense of qualified immunity."

Okonkwo v. Fernadez.

The time it takes to see, identify, and act. Is the definition of what?

Lag-time

Is it considered aggression when an officer takes the initiative to confront a law violator?

No

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

Control

Which is not one of the use of force options listed on the Dynamic Resistance-Response Model (DRM)?

Intermittent Resistance

In "_________v. _________", the Fifth Circuit Court of Appeals ruled that a police officer had acted negligently by forcing a citizen into an action that could be interpreted as endangering the officer. This case arose from an incident in which a peace officer stopped a driver and ordered him to leave the car. When the man reached down to the floorboard of the car, the officer shot and killed him. The court ruled that the officer should have let the man remain in the car because he was doing so peacefully.

Young v. City of Killeen

In "__________vs.___________", the US Supreme Court ruled that a citizen's claim that a peace officer used excessive force should be subject to the standard of objective reasonableness under the Fourth Amendment. This decision protects law enforcement officers from wild accusations when the officer was acting in good faith. This case arose from an incident in which a peace officer on viewed a driver and passenger stop in front of a grocery store and run in and out in what appeared to be a robbery. The officer and respondent back up handcuffed and detained the subjects while they verified suspect’s description of trying to get some orange juice for a diabetic episode.

Graham v. Connor

In "BLANK vs. BLANK", the Supreme Court granted qualified immunity to a police officer, meaning that charges against him must establish that the officer's conduct violated a clearly established constitutional right. This case arose from an incident in which a protestor at Vice President Gore’s speech at a San Francisco Army Base was dragged by an officer from the protest and shoved while being placed into a van. This was done in duty of protecting the Vice President's safety and security from persons unknown in number, there was no clearly established rule prohibiting him from acting as he did.

Saucier v. Katz

What is the punishment for intentionally disrupting the conduct of classes, school activities, or the lawful transportation of children on a school bus or authorized school vehicle?

Class C Misdemeanor

What is the punishment for exhibiting, using, or threatening to exhibit or use a firearm on any school property or school bus?

Felony of the Third Degree

Law enforcement agencies are responsible for providing crime victims with written notice about the investigation as soon as possible. What information isn't included in that notice?

Contact information for a bails bondsmen

Before releasing a person who has been convicted of a family violence offense, there should be a reasonable attempt to BLANK.

Notify the Victim

In BLANK vs. BLANK, the Fourth Circuit ruled that officers are not liable for damages caused by force unless their actions violate a federal statutory or constitutional right, that such a right was clearly established at the time of the action, and that a reasonable person would have foreseen that the use of force would violate that right. This case arose from an incident in which the victim and his pregnant fiancé called the police in response to a home burglary with an armed suspect. One of the responding peace officers mistakenly shot and killed the victim of the home burglary.

Milstead v. Kibler

When a victim's property has been taken into custody by the state, they have the right to get it back as soon as possible.

True

Local law enforcement agencies must appoint a BLANK who will ensure that the rights of crime victims are upheld.

crime victim liaison

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 also recklessly injures or kills an innocent third person;

The justification afforded is unavailable in a prosecution for the reckless injury or killing of the innocent third person.

Which of the following was specifically listed as “Use of Force Options” in the BPOC?

All listed

A person is justified in using “deadly force” against another if the person would be justified in using force against the other under PC 9.31, and when and to the degree he reasonably believes the deadly force is immediately necessary to:

prevent the other’s imminent commission of “Robbery”

The 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. Is the definition of what?

Deadly Force

“___________” - is the 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.

Reasonable Force

Which is not an example of compensating behavior?

Verbal Communications

What does the acronym DRM stand for in relation to Force Options?

Dynamic Resistance-Response Model

Which is not one of the Force Options listed on the Dynamic Resistance-Response Model?

Destructive Force

Perception of a message: ___% of the time a message is received due to content.

7

Which is not one of the elements that an officer must recognize and control in every encounter?

Assistance

Listening, Empathizing, Asking, and Paraphrasing are helpful tools used in redirecting someone's behavior.

True

"____________" legislation has helped to provide peace officers with more detailed information when assessing and responding to domestic violence and assault calls.

Recent Violence Against Women (VAWA)

The highest Line of Duty Deaths by Dispatched Call Types at 22% is ________.

Domestic Dispute

A management model which provides every crew member with an active voice during situations where human error can have a devastating effect. Is the definition of what?

Crew Resource Management

Which is a benefit of using CRM?

A and C

True or False: Officers cannot be held personally liable for using excessive force.

False

True or False: A peace officer or peace officer supervisor has the duty to intervene if officers are engaging in the excessive use of force.

True

The objective of using control is to ___________ from the violator.

elicit cooperation

Distance and cover provide ________.

time

Communication is a professional skill, _________.

not just luck.

What does CDM stand for?

Critical Decision-Making Model

A person is justified in using force or deadly force against another to protect a third person if: the actor reasonably believes that his intervention is _____________ to protect the third person.

immediately necessary

"_________" means: under arrest by a peace officer or under restraint by a public servant pursuant to an order of a court of this state or another state of the United States.

Custody

"___________" means 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.

Deadly force

"__________" means a structure or vehicle that is adapted for the overnight accommodation of persons, and includes:

(A) each separately secured or occupied portion of the structure or vehicle; and

(B) each structure appurtenant to or connected with the structure or vehicle.

Habitation

"__________" means any enclosed structure intended for use or occupation as a habitation or for some purpose of trade, manufacture, ornament, or use.

Building

"_________" includes any device in, on, or by which any person or property is or may be propelled, moved, or drawn in the normal course of commerce or transportation, except such devices as are classified as "habitation."

Vehicle

Confinement is justified when ____________.

force is justified.

"_______" v "________" ruled that evidence gathered from an employee under threat of dismissal was not admissible in a criminal trial. This case arose from officers fixing tickets and when questioned by a supervisor, was threatened with the loss of their jobs if they didn't answer questions.

Garrity v New Jersey

The Crew Resource Management Model fosters communication between __________.

Crew members and outside resources.

How many key principles of the Critical Decision-Making Model (CDM) are there?

4

What are the key principles of the Critical Decision-Making Model (CDM)?

  1. Police ethics, 2. Police Values, 3. Proportionality, 4. Sanctity of Human Life

How many steps are there in the Critical Decision-Making Model (CDM)?

5

What are the steps in the Critical Decision-Making Model (CDM)?

  1. Collect Information, 2. Assess Situation, 3. Consider Police Powers, 4. Identify Options, 5. Act, review, re-asses.

Identify some helpful “tools” used in redirecting someone’s behavior using verbal persuasion.

Listen, Empathize, Ask, Paraphrase

What are some benefits of asking questions to redirect someone's behavior?

Buys time and demonstrates concern

What are some benefits of paraphrasing a suspect's answers during questioning to redirect someone's behavior?

Summarizes and states the resolution clearly

True or False: A peace officer is not allowed to threaten to use deadly force.

False

Sec. 9.22. "__________". Conduct is justified if: the actor reasonably believes the conduct is immediately necessary to avoid imminent harm.

Necessity

Deadly force in defense of persons is authorized when actor reasonably believes the deadly force is _____________; to protect the actor against the other's use or attempted use of unlawful deadly force.

Immediately necessary

True or False: An officer reasonably believes his purpose and identity are already known by or cannot reasonably be made known to the person to be arrested. The officer is nevertheless required to identify himself and his intentions to arrest or search a suspect.

False

Study Notes

Communication and Professional Skills

  • Communication is an important professional skill and that approximately 93% of an officer's duties involve verbal skills.
  • In the BPOC, TCLEOSE indicates that communication is an important professional skill and that 93% of an officer's duties involve verbal skills.

Use of Force and Deadly Force

  • Deadly force is defined as 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.
  • A person is justified in using deadly force against another if the person would be justified in using force against the other under PC 9.31, and when and to the degree he reasonably believes the deadly force is immediately necessary to protect himself against the other's use or attempted use of unlawful deadly force.

Arrest and Confinement

  • "Arrest" means to take a person into custody in a case and in a manner authorized by law.
  • Confinement is justified when the actor reasonably believes the conduct is immediately necessary to avoid imminent harm.

Law Enforcement Roles and Responsibilities

  • Law enforcement's role in making a physical arrest is essentially to take control of a violator.
  • A peace officer or peace officer supervisor has the duty to intervene if officers are engaging in the excessive use of force.
  • Local law enforcement agencies must appoint a victim assistance coordinator who will ensure that the rights of crime victims are upheld.

Court Rulings and Legislation

  • In "Tennessee v. Garner", the Supreme Court ruled that the use of deadly force to prevent the escape of all felony suspects, whatever the circumstances, is constitutionally unreasonable.
  • In "Graham v. Connor", the Supreme Court ruled that a citizen's claim that a peace officer used excessive force should be subject to the standard of objective reasonableness under the Fourth Amendment.
  • In "Hope v. Pelzer", the Fourth Circuit ruled that officers are not liable for damages caused by force unless their actions violate a federal statutory or constitutional right, that such a right was clearly established at the time of the action, and that a reasonable person would have foreseen that the use of force would violate that right.
  • "Hilberg v. Alvarado" ruled that a police officer had acted negligently by forcing a citizen into an action that could be interpreted as endangering the officer.

Use of Force Options and Models

  • The "Dynamic Resistance-Response Model" (DRM) is a use of force model that lists various options for officers to respond to resistant individuals.
  • The "Critical Decision-Making Model" (CDM) is a decision-making model that has 5 key principles and 5 steps to guide officers in making critical decisions.

Other Key Facts

  • "Crew Resource Management" (CRM) is a management model that provides every crew member with an active voice during situations where human error can have a devastating effect.
  • The "good faith defense" for an officer is enhanced when following his department's standard operating procedures.
  • A person is justified in using force or deadly force against another to protect a third person if the actor reasonably believes that his intervention is immediately necessary to protect the third person.

Test your knowledge of communication and professional skills, as well as use of force and deadly force in law enforcement.

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