Use of Force Application Flashcards

According to the U.S. Supreme Court decision in Graham v. Connor, what is the primary standard used to determine if a peace officer's use of force was lawful?

Answer: The severity of the crime at issue, whether the suspect posed an immediate threat, and whether they were actively resisting.

The landmark case Graham v. Connor established that the lawfulness of a particular use of force must be judged from the perspective of a reasonable officer on the scene, based on the totality of the circumstances. The Court identified three key factors to consider: the severity of the crime, the immediate threat posed by the suspect, and the suspect's active resistance or attempt to flee.

An officer responds to a burglary in progress. The suspect flees on foot and is unarmed. According to Tennessee v. Garner, when would the officer be justified in using deadly force to prevent escape?

Answer: Only if the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others.

Tennessee v. Garner established that using deadly force to apprehend a fleeing suspect is a 'seizure' under the Fourth Amendment. Such force is only permissible if the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or the public if not immediately apprehended.

Which of the following statements is most accurate regarding a peace officer's duty to retreat under California Penal Code § 835a?

Answer: An officer who is making a lawful arrest is not required to retreat or desist due to resistance.

California Penal Code § 835a(d) explicitly states that a peace officer making or attempting to make an arrest does not need to retreat or stop their efforts because of the suspect's resistance or threatened resistance. The officer is not considered the aggressor and does not lose the right to self-defense by using objectively reasonable force.

An officer is attempting to arrest a suspect for a public offense. The suspect begins to physically resist by tensing their arms and trying to pull away. Under California Penal Code § 835a, the officer is authorized to use:

Answer: Objectively reasonable force to effect the arrest, prevent escape, or overcome resistance.

California Penal Code § 835a(b) states that any peace officer with reasonable cause to believe a person has committed a public offense may use 'objectively reasonable force' to accomplish three specific goals: to effect the arrest, to prevent escape, or to overcome resistance.

An officer confronts a person who is threatening to harm themselves with a knife but is not threatening the officer or others. According to recently updated California law (Penal Code § 835a), what is the limitation on using deadly force in this situation?

Answer: Deadly force is prohibited if the person only poses a danger to themselves and not an imminent threat to the officer or another person.

California Penal Code § 835a(c)(2) specifically prohibits an officer from using deadly force against a person based on the danger that person poses to themselves if a reasonable officer would believe the person does not pose an imminent threat of death or serious bodily injury to the officer or another person.

When evaluating an officer's use of force from a legal standpoint, the 'totality of the circumstances' means that the decision will be based on:

Answer: All facts known to the officer at the time the force was used, viewed from the perspective of a reasonable officer on the scene.

The 'totality of the circumstances' is a core principle from Graham v. Connor. It means that the use of force is judged based on all the facts and circumstances confronting the officer at that moment, including the conduct of both the officer and the subject leading up to the use of force. It is not judged with the benefit of hindsight.