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Use of Force in Law Enforcement
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Use of Force in Law Enforcement

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Questions and Answers

What is the general rule regarding the use of force in making an arrest?

  • Deadly force is always justified in making an arrest.
  • Reasonable force may be used to place a suspect under arrest. (correct)
  • Excessive force may be used to subdue a suspect.
  • No force is allowed to be used in making an arrest.

    • What is the primary focus of the court's analysis in determining the reasonableness of an officer's actions?

  • The officer's subjective intent or motivation.
  • The police conduct, viewed objectively, in light of the circumstances confronting the officers. (correct)
  • The use of deadly force in every situation.
  • The severity of the crime at issue.

    • What is considered a factor in determining the reasonableness of an officer's actions?

  • The officer's prior experience with similar situations.
  • The time of day the arrest was made.
  • The suspect's prior criminal history.
  • Whether the suspect posed an immediate threat to the officers or others. (correct)

    • What is the ultimate inquiry in determining the reasonableness of an officer's actions?

    <p>Whether a reasonable officer, confronted with the same circumstances, would have reacted in the same way.</p> Signup and view all the answers

    What is the definition of deadly force in the context of making an arrest?

    <p>Force that is reasonably likely to cause death or serious bodily injury.</p> Signup and view all the answers

    In which case did the U.S. Supreme Court describe the circumstances under which the use of deadly force may be reasonable?

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

    What is the primary consideration in determining the reasonableness of an officer's actions in making an arrest?

    <p>The circumstances surrounding the arrest.</p> Signup and view all the answers

    What is the purpose of the Fourth Amendment analysis in determining the reasonableness of an officer's actions?

    <p>To determine whether the officer's actions were reasonable and therefore permissible.</p> Signup and view all the answers

    When is the use of deadly force by a police officer permissible?

    <p>When the officer has probable cause to believe the suspect poses a threat of serious physical harm.</p> Signup and view all the answers

    What is the ruling in Scott v. Harris, 550 U.S. 372 (2007)?

    <p>Actions undertaken by police to terminate a dangerous high-speed car chase do not subject officers to civil or criminal liability.</p> Signup and view all the answers

    Under what circumstances is a law enforcement officer justified in the use of any force?

    <p>When the officer reasonably believes the force is necessary to defend himself or herself or another from bodily harm.</p> Signup and view all the answers

    What is the exception to the rule that a person is not justified in the use of force to resist an arrest?

    <p>When the arrest is unlawful and known to the officer as being unlawful.</p> Signup and view all the answers

    In a Terry Stop, when can law enforcement officers use drawn weapons?

    <p>When they reasonably believe the use of weapons is necessary to protect the officers or prevent a suspect's ability to flee.</p> Signup and view all the answers

    When is the use of deadly force justified in defense of a person?

    <p>When the person reasonably believes the force is necessary to prevent imminent death or great bodily harm.</p> Signup and view all the answers

    What is the requirement for a law enforcement officer to use deadly force in F.S.§776.05?

    <p>The officer reasonably believes the use of deadly force is necessary to prevent the arrest from being defeated by such flight and, when feasible, some warning had been given.</p> Signup and view all the answers

    What is the ruling in Terry v. Ohio, 392 U.S.1 (1968)?

    <p>Law enforcement officers may use drawn weapons in a Terry Stop when they reasonably believe that the use of weapons is necessary to protect the officers or prevent a suspect's ability to flee.</p> Signup and view all the answers

    What is the exception to the use of force in defense of a person?

    <p>The use of force is justified in defense of a person, except deadly force.</p> Signup and view all the answers

    Under what circumstances is a law enforcement officer justified in using non-deadly force to effect an arrest?

    <p>When the officer does not have probable cause to believe the suspect poses a threat of serious physical harm.</p> Signup and view all the answers

    Under which circumstances is a person presumed to have a reasonable fear of imminent death or great bodily harm?

    <p>When the person against whom force is used is unlawfully and forcefully entering a dwelling, residence, or occupied vehicle, or removing another person from the same against their will.</p> Signup and view all the answers

    When is the presumption of reasonable fear of imminent death or great bodily harm not applicable?

    <p>When the person against whom force is used had a lawful right to be in the residence or vehicle.</p> Signup and view all the answers

    Who is presumed to enter a dwelling, residence, or vehicle with the intent to commit an unlawful act involving force or violence?

    <p>A person who unlawfully and forcibly enters or attempts to enter a dwelling, residence, or vehicle.</p> Signup and view all the answers

    Under what circumstances does a person have no duty to retreat and has the right to use deadly force?

    <p>When the person is attacked in any other place where they have a right to be.</p> Signup and view all the answers

    What is the requirement for a law enforcement agency to make an arrest in cases of use of force?

    <p>There must be probable cause to believe force was used unlawfully.</p> Signup and view all the answers

    When does a person using deadly force have no presumption of reasonable fear of imminent death or great bodily harm?

    <p>When the person using deadly force is engaged in an unlawful act.</p> Signup and view all the answers

    What is the exception to the rule that a person using deadly force has a presumption of reasonable fear of imminent death or great bodily harm?

    <p>When the person against whom force is used is a child or in the lawful custody of the person against whom force is used.</p> Signup and view all the answers

    What is the standard procedure for a law enforcement agency to investigate use of force?

    <p>To use standard procedures, but may not make an arrest unless there is probable cause to believe force was used unlawfully.</p> Signup and view all the answers

    In which circumstance can an officer claim Stand Your Ground immunity?

    <p>When the officer reasonably believes using deadly force is necessary to prevent imminent death or great bodily harm</p> Signup and view all the answers

    What is the court's primary concern in determining whether an officer's use of force is reasonable?

    <p>The officer's reasonable belief of imminent death or great bodily harm</p> Signup and view all the answers

    What is the holding in the case of State v. Peraza?

    <p>An officer can claim Stand Your Ground immunity if they reasonably believe using deadly force is necessary</p> Signup and view all the answers

    When can an officer use deadly force against a suspect?

    <p>When the officer reasonably believes the suspect poses an imminent threat of death or great bodily harm</p> Signup and view all the answers

    What is a relevant factor in determining whether an officer's use of force is reasonable?

    <p>The officer's reasonable belief of imminent death or great bodily harm</p> Signup and view all the answers

    Study Notes

    Use of Force in Making an Arrest

    • Reasonable force may be used to place a suspect under arrest, with the permissible level of force varying from situation to situation.
    • The essential principle remains that the force used must be reasonable under the particular circumstances surrounding the arrest.
    • Factors considered in determining the reasonableness of an officer's actions include:
    • The severity of the crime at issue
    • Whether the suspect posed an immediate threat to the officers or others
    • Whether the suspect was actively resisting arrest or attempting to evade arrest by flight

    Use of Deadly Force

    • Deadly force is a level of force that is reasonably likely to cause death or serious bodily injury.
    • The use of deadly force is reasonable and permissible in certain circumstances, including:
    • When the officer has probable cause to believe that the suspect poses a threat of serious physical harm to the officer or others.
    • When the suspect has committed a crime involving the infliction or threatened infliction of serious physical harm.
    • Under F.S.§776.05, a law enforcement officer is justified in the use of any force:
    • Which he or she reasonably believes to be necessary to defend himself or herself or another from bodily harm while making the arrest.
    • When necessarily committed in retaking felons who have escaped.
    • When necessarily committed in arresting felons fleeing from justice.

    Use of Force in Resisting an Arrest

    • A person is not justified in the use of force to resist an arrest by a law enforcement officer.
    • However, the law enforcement officer is not justified in the use of force if the arrest is unlawful and known to the officer as being unlawful.

    Use of Force in a Terry Stop

    • Law enforcement officers may use drawn weapons in a Terry Stop when they reasonably believe that the use of weapons is necessary to protect the officers or prevent a suspect's ability to flee.

    Use of Force in Defense of Person

    • A person is justified in the use of force, except deadly force, against another when and to the extent that they reasonably believe that such conduct is necessary to defend themselves or another against the imminent use of unlawful force.
    • The use of deadly force is justified if it is reasonably believed to be necessary to prevent imminent death or great bodily harm.

    Presumptions and Exceptions

    • A person using defensive deadly force is presumed to have a reasonable fear of imminent death or great bodily harm if:
    • The person against whom force was used was unlawfully and forcefully entering a dwelling, residence, or occupied vehicle.
    • The person using deadly force knew or had reason to believe an unlawful and forcible entry or unlawful and forcible act was occurring.
    • This presumption does not apply if:
    • The person against whom force was used had a lawful right to be in the residence or vehicle.
    • The person being removed was a child, grandchild, or otherwise in the lawful custody of the person against whom force was used.
    • The person using deadly force was engaged in an unlawful act.
    • The person against whom deadly force was used was a law enforcement officer engaged in the performance of official duties.

    Investigation of Use of Force

    • A law enforcement agency may use standard procedures to investigate use of force, but may not make an arrest unless there is probable cause to believe force was used unlawfully.

    Stand Your Ground Immunity for Law Enforcement Officers

    • A law enforcement officer can be entitled to Stand Your Ground immunity, despite being a law enforcement officer.
    • This immunity is granted if the officer reasonably believes using deadly force is necessary to prevent imminent death or great bodily harm.
    • The officer's belief of imminent danger can extend to themselves, their sergeant, and nearby citizens.
    • The court case State v. Peraza (226 So. 3d 937 (Fla. 4th DCA 2017)) supports this entitlement.

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    Description

    Learn about the use of reasonable force by law enforcement officers when making an arrest, including factors that determine the reasonableness of their actions. Understand the principles and considerations surrounding the use of force in different situations. Legal Guideline #7 and #8

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