ACT 235 Use of Force 3 — Questions and Answers
Question 1: When a suspect flees after committing a non-violent misdemeanor, an Act 235 officer may:
- Use deadly force to prevent escape
- Use a warning shot to stop the suspect
- Not use deadly force, as the threat does not justify it (Correct answer)
- Deploy a firearm if the officer believes the suspect will reoffend
Correct answer: Not use deadly force, as the threat does not justify it
Deadly force cannot be used to stop a fleeing non-violent misdemeanor suspect, as there is no imminent threat of death or serious bodily injury.
Question 2: The 'fleeing felon' rule established in Tennessee v. Garner permits deadly force when:
- Any felony suspect attempts to flee on foot
- The suspect poses a significant threat of death or serious bodily injury to the officer or others (Correct answer)
- The suspect has a prior violent criminal record
- The officer shouts a warning and the suspect ignores it
Correct answer: The suspect poses a significant threat of death or serious bodily injury to the officer or others
Tennessee v. Garner holds that deadly force against a fleeing felon is only constitutional when the suspect poses a significant threat to life.
Question 3: An Act 235-certified officer's authority to carry a lethal weapon applies:
- Anywhere in the United States as a federal certification
- Only within Pennsylvania and only while on duty at their assigned post (Correct answer)
- In any state that recognizes Pennsylvania reciprocity
- Whenever the officer is in uniform, on or off duty
Correct answer: Only within Pennsylvania and only while on duty at their assigned post
Act 235 certification is a Pennsylvania-specific credential that authorizes weapon carry only while on duty at the officer's assigned post.
Question 4: Which situation would MOST clearly justify an Act 235 officer drawing but NOT firing their weapon?
- A suspect verbally insults the officer
- An armed subject is still some distance away and has not yet advanced (Correct answer)
- A supervisor orders the officer to display the weapon as a deterrent
- The officer suspects a concealed weapon but has no visible threat
Correct answer: An armed subject is still some distance away and has not yet advanced
Drawing a weapon without firing is appropriate when a potential deadly threat exists but has not yet become imminent enough to require firing.
Question 5: Post-incident, an Act 235 officer involved in a shooting must:
- Complete a report only if requested by their employer
- Immediately notify law enforcement and follow their agency's reporting protocol (Correct answer)
- Dispose of all evidence to protect themselves legally
- Wait 24 hours before making any statements
Correct answer: Immediately notify law enforcement and follow their agency's reporting protocol
After any use-of-force incident involving a firearm, the officer must immediately notify law enforcement and comply with agency reporting requirements.
Question 6: A subject who is mentally ill and waving a large knife does NOT pose an imminent deadly threat according to Act 235 guidelines. This statement is:
- True, because mental illness reduces legal liability
- True, because the subject's condition must be considered before any force
- False, because the armed behavior itself can constitute an imminent deadly threat (Correct answer)
- False, because mental illness always requires non-lethal intervention
Correct answer: False, because the armed behavior itself can constitute an imminent deadly threat
Mental illness status does not negate a deadly threat; an armed, actively threatening subject can legally justify deadly force regardless of mental state.
Question 7: Which of the following correctly describes a 'duty to intervene'?
- An officer must intervene in any crime they witness off-duty
- An officer must stop or report another officer who is using clearly excessive force (Correct answer)
- An officer must physically restrain any suspect who resists arrest
- An officer must intervene whenever a supervisor gives an unlawful order
Correct answer: An officer must stop or report another officer who is using clearly excessive force
The duty to intervene requires officers to stop or report colleagues who are applying clearly excessive or unlawful force.
ACT 235 Use of Force 3
When a suspect flees after committing a non-violent misdemeanor, an Act 235 officer may: