235 Legal Aspects of Lethal Force & Use of Firearms Flashcards
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Read the first 7 235 Legal Aspects of Lethal Force & Use of Firearms flashcards as text
Under Pennsylvania law, which of the following is considered 'deadly force'?
Answer: Force that creates a substantial risk of causing death or serious bodily injury
Deadly force is legally defined as force that creates a substantial risk of death or serious bodily injury, which includes firearms and certain other weapons.
An Act 235 agent mistakenly shoots an innocent bystander while defending against a genuine attacker. Which legal exposure is most likely?
Answer: Potential civil liability to the bystander for negligence even if criminal charges are not filed
Even when the original use of force was justified, a stray shot injuring a bystander can result in civil liability for negligence.
Which of the following scenarios best illustrates the 'ability, opportunity, and jeopardy' (AOJ) triad required for deadly force justification?
Answer: An armed individual stands within striking range and raises their weapon toward the officer
The AOJ triad requires that the attacker have the ability to cause serious harm, the opportunity (proximity/means) to act, and that the defender be in jeopardy — all elements present in scenario B.
When is an Act 235-certified security professional legally authorized to use their certified weapon?
Answer: Only while on duty at an approved employer site in a role for which they are certified
Act 235 authority is employment-based, meaning the certified weapon may only be carried and used in the specific capacity and location covered by the employer's license.
A security guard licensed under Act 235 draws their firearm to deter a suspect who then complies immediately. No shot is fired. Which legal consideration applies?
Answer: The drawing of the weapon may still constitute use of force requiring documentation and review
Drawing a firearm is considered a use of force even if no shot is fired, and should be documented and reported per employer and legal requirements.
Which constitutional amendment is most directly implicated when a government-employed Act 235 agent uses deadly force against a citizen?
Answer: Fourth Amendment — protection against unreasonable seizure (including use of force)
The Fourth Amendment's prohibition on unreasonable seizures is the primary constitutional provision governing a government agent's use of deadly force against a citizen.
What is the primary purpose of maintaining thorough documentation after a use-of-force incident?
Answer: To create an accurate contemporaneous record that supports legal and administrative review
Thorough contemporaneous documentation provides an accurate account of the event that is essential for criminal, civil, and administrative review of use-of-force incidents.