Use of Force DEFINITION OF USE OF FORCE Penal code section 835a defines reasonable force to effect an arrest as only that force reasonable for restraint

Use of ForceUse of Force

DEFINITION OF USE OF FORCEDEFINITION OF USE OF FORCE

Penal code section 835a defines Penal code section 835a defines reasonable force to effect an arrest reasonable force to effect an arrest as only that force reasonable for as only that force reasonable for restraint of the suspect and to get restraint of the suspect and to get the suspect to submit to custody.the suspect to submit to custody.


DISCUSSIONDISCUSSION The Fourth Amendment The Fourth Amendment

The U.S. Supreme Court noted that The U.S. Supreme Court noted that determining “objective determining “objective reasonableness” for the use of the reasonableness” for the use of the force must be fact specific.force must be fact specific.


ExplanationExplanation

The legal framework establishing a The legal framework establishing a peace officer’s authority during a legal peace officer’s authority during a legal arrest including:arrest including:

1. Suspect’s requirement to submit to 1. Suspect’s requirement to submit to an an arrest without resistance.arrest without resistance.

2. Peace officer’s authority to use 2. Peace officer’s authority to use restraint restraint during a detention or an during a detention or an arrest.arrest.


Identify the authority to which a peace Identify the authority to which a peace officer can resort to use of force:officer can resort to use of force:

1. When an arrest is being made by an 1. When an arrest is being made by an officer under the authority of a warrant officer under the authority of a warrant and if, after being informed of the and if, after being informed of the intention to make the arrest, the suspect intention to make the arrest, the suspect to be arrested either flees or forcibly to be arrested either flees or forcibly resists; the officer may use all necessary resists; the officer may use all necessary means to effect the arrest. (PC 843) means to effect the arrest. (PC 843)


Discuss the level of authority specific Discuss the level of authority specific department policies have regarding department policies have regarding the use of force by a peace officer.the use of force by a peace officer.

Limitations on the use of force are Limitations on the use of force are set by specific department policy. All set by specific department policy. All such policies are attempts to provide such policies are attempts to provide rational guidelines and to protect the rational guidelines and to protect the officer and agency from civil and officer and agency from civil and criminal liability. criminal liability.

(Policies are driven by litigation.)(Policies are driven by litigation.)


Define the term force options: Define the term force options:

Force options are the choices Force options are the choices available to a peace officer available to a peace officer concerning the methods available as concerning the methods available as identified in each agency or identified in each agency or department’s policy.department’s policy.


Identify goals of using force to Identify goals of using force to overcome resistance.overcome resistance.

The objective for the use of force by The objective for the use of force by a peace officer in any situation is to a peace officer in any situation is to ultimately gain or maintain control of ultimately gain or maintain control of an individual. an individual.


Demonstrate force optionsDemonstrate force options Types of resistanceTypes of resistance Cooperative (no resistance)Cooperative (no resistance) Resistive, including passive and Resistive, including passive and

activeactive AssaultiveAssaultive Life threateningLife threatening


Identify standards for the use of force as Identify standards for the use of force as determined by the U.S. Supreme Court.determined by the U.S. Supreme Court.

The Court established the following The Court established the following components and prerequisites to an components and prerequisites to an officer using lethal force in the line of officer using lethal force in the line of duty:duty:

Life threatening escape-where the officer Life threatening escape-where the officer has probable cause to believe the has probable cause to believe the suspect poses a threat of serious physical suspect poses a threat of serious physical harm, either to the officer or to others.harm, either to the officer or to others.


Life threatening felony - if the Life threatening felony - if the suspect threatens the officer with a suspect threatens the officer with a weapon, great bodily harm, or the weapon, great bodily harm, or the officer has probable cause to believe officer has probable cause to believe the suspect has committed a crime the suspect has committed a crime involving the infliction of serious involving the infliction of serious bodily harm.bodily harm.


Give warnings where feasible - the Give warnings where feasible - the court imposes a constitutional court imposes a constitutional requirement that some warning must requirement that some warning must be given prior to the use of lethal force be given prior to the use of lethal force where feasible…. ( halt police, stop or where feasible…. ( halt police, stop or I’ll shoot)I’ll shoot)


If necessary to prevent escape - in If necessary to prevent escape - in order for lethal force to be order for lethal force to be Constitutionally permissible, there Constitutionally permissible, there must be probable cause to believe must be probable cause to believe that the use of lethal force is that the use of lethal force is reasonably necessary. reasonably necessary.

Use of ForceUse of Force Recognize factors require in establishing Recognize factors require in establishing

sufficiency of fear.sufficiency of fear. ELEMENTSELEMENTS 1. The circumstances must be sufficient to 1. The circumstances must be sufficient to

excite the fears of a reasonable person.excite the fears of a reasonable person. 2. The person must not act under the 2. The person must not act under the

influence of fear alone. There has to be influence of fear alone. There has to be some circumstance or overt act apart from some circumstance or overt act apart from the officer’s fear.the officer’s fear.

3. The decision to use lethal force must be 3. The decision to use lethal force must be made to save one’s self or another from made to save one’s self or another from great bodily injury.great bodily injury.


Recognize the considerations an Recognize the considerations an officer should take when determining officer should take when determining whether or not to resort to using whether or not to resort to using lethal forcelethal force


Discuss the role of departmental policies Discuss the role of departmental policies regarding the use of lethal force.regarding the use of lethal force.

Although the law and courts have Although the law and courts have presented a baseline for use of lethal presented a baseline for use of lethal force, the conditions under which lethal force, the conditions under which lethal force may be employed are strictly force may be employed are strictly controlled by department policy. Officers controlled by department policy. Officers must confirm to department policy must confirm to department policy regardless of what federal or state law regardless of what federal or state law might allow.might allow.

Use of ForceUse of Force Recognize the law regarding homicide by a peace Recognize the law regarding homicide by a peace

officer and the circumstances under which the officer and the circumstances under which the homicide may be considered justifiable. (Read homicide may be considered justifiable. (Read P.C. section 196)P.C. section 196)

Homicide by a peace officer may be justified Homicide by a peace officer may be justified when:when:

a) the officer is under orders to carry out a death a) the officer is under orders to carry out a death sentencesentence

b) acting in the course of dutyb) acting in the course of duty c) retaking escaping felons, andc) retaking escaping felons, and d) arresting a felon who resist to the point where d) arresting a felon who resist to the point where

deadly force is reasonabledeadly force is reasonable


Discuss emotional factors that can affect a Discuss emotional factors that can affect a peace officer response when threatened peace officer response when threatened with danger.with danger.

1. Two major emotional factors that 1. Two major emotional factors that officers need to focus on during their officers need to focus on during their training:training:

a) fear, an emotional response to a a) fear, an emotional response to a perceived threat, andperceived threat, and

b) anger, a feeling of displeasure from b) anger, a feeling of displeasure from perceived opposition.perceived opposition.


Describe the normal phases of fearDescribe the normal phases of fear 1. The phases include:1. The phases include: a) perception of fear,a) perception of fear, b) awareness of vulnerability,b) awareness of vulnerability, c) decision to take action,c) decision to take action, d) take actiond) take action e) decision to respond, ande) decision to respond, and f) response.f) response.


Distinguish between reasonable and Distinguish between reasonable and unreasonable fearunreasonable fear

1. Reasonable Fear-controlled and 1. Reasonable Fear-controlled and legitimate fear. A mechanism that is legitimate fear. A mechanism that is necessary for officer safety as it is necessary for officer safety as it is based on true circumstances.based on true circumstances.

2. Unreasonable Fear - Generated in 2. Unreasonable Fear - Generated in the officer’s mind with no direct the officer’s mind with no direct correlation to facts and situations.correlation to facts and situations.


Give examples of acceptable Give examples of acceptable techniques for managing anger;techniques for managing anger;

1. depersonalizing what people say 1. depersonalizing what people say or do.or do.

2. identifying worst-case scenarios, 2. identifying worst-case scenarios, andand

3. developing problem-solving 3. developing problem-solving solutions.solutions.


Explain a peace officer’s potential Explain a peace officer’s potential criminal and civil liability associated criminal and civil liability associated with the use of excessive force;with the use of excessive force;

1. criminal action1. criminal action 2. civil rights violation2. civil rights violation 3. compensatory and punitive damages3. compensatory and punitive damages 4. administrative or departmental 4. administrative or departmental

action, andaction, and 5. moral impact5. moral impact


Explain the agency’s potential Explain the agency’s potential criminal and civil liability associated criminal and civil liability associated with the use of excessive force by with the use of excessive force by any of its officers.any of its officers.

1. Liable under federal civil rights 1. Liable under federal civil rights laws.laws.

2. The department may be sued for 2. The department may be sued for neglect hiring or retention of neglect hiring or retention of employee, or inadequate training or employee, or inadequate training or failure to supervise adequately.failure to supervise adequately.

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Use of Force DEFINITION OF USE OF FORCE Penal code section 835a defines reasonable force to effect an arrest as only that force reasonable for restraint