MCOLES Use of Force Principles 2 — Questions and Answers
Question 1: Under the Graham v. Connor standard, which of the following is NOT one of the three primary factors courts consider when evaluating officer use of force?
- The severity of the crime at issue
- The officer's subjective intent to harm (Correct answer)
- Whether the suspect poses an immediate threat
- Whether the suspect is actively resisting
Correct answer: The officer's subjective intent to harm
Graham v. Connor uses an objective reasonableness test based on the facts known to the officer, not the officer's subjective intent.
Question 2: A suspect attempts to flee on foot after a minor traffic violation. Under Michigan law and MCOLES standards, which force option is generally LEAST appropriate?
- Verbal commands to stop
- Physical tackle if the officer can safely close distance
- Deadly force to prevent escape (Correct answer)
- Deployment of a police K-9 with supervisor approval
Correct answer: Deadly force to prevent escape
Deadly force is not justified solely to prevent escape of a non-violent misdemeanor suspect who poses no immediate threat.
Question 3: Which legal case established that deadly force may only be used against a fleeing felon when the suspect poses a significant threat of death or serious physical harm?
- Graham v. Connor
- Tennessee v. Garner (Correct answer)
- Monell v. New York
- Hudson v. McMillian
Correct answer: Tennessee v. Garner
Tennessee v. Garner (1985) held that the fleeing felon rule requires an immediate threat to justify deadly force.
Question 4: An officer is involved in a struggle with a combative subject twice the officer's size. The subject attempts to disarm the officer. At this point, the use of deadly force is:
- Never justified without a supervisor's approval
- Likely justified because loss of the firearm creates an immediate deadly threat (Correct answer)
- Only justified if a second officer witnesses the attempt
- Not justified unless the subject actually fires the weapon
Correct answer: Likely justified because loss of the firearm creates an immediate deadly threat
An attempt to take an officer's firearm creates an immediate threat of death or serious bodily harm, potentially justifying deadly force.
Question 5: The 'reactionary gap' concept in use of force refers to:
- The time it takes for backup to arrive
- The distance an officer maintains to allow reaction time to a threat (Correct answer)
- The gap between policy and officer training
- The difference in force levels between two officers
Correct answer: The distance an officer maintains to allow reaction time to a threat
The reactionary gap is the distance maintained between officer and subject so the officer has time to perceive and respond to an attack.
Question 6: When documenting a use of force incident, an officer should report the force used based on:
- What the officer intended to do
- The facts and circumstances known to the officer at the time of the incident (Correct answer)
- The outcome of the force applied
- What supervisors later determine was reasonable
Correct answer: The facts and circumstances known to the officer at the time of the incident
Use of force reports must reflect the totality of circumstances known to the officer at the moment force was applied.
Question 7: In Michigan, an officer who uses force is generally required to:
- Immediately notify the FBI
- Complete a use-of-force report and notify a supervisor (Correct answer)
- Obtain written consent from the subject post-incident
- Have the force reviewed by a civilian board before going back on patrol
Correct answer: Complete a use-of-force report and notify a supervisor
MCOLES standards and most Michigan department policies require prompt supervisor notification and completion of a use-of-force report.
MCOLES Use of Force Principles 2
Under the Graham v.
Connor standard, which of the following is NOT one of the three primary factors courts consider when evaluating officer use of force?