State Trooper Use of Force Principles 3 — Questions and Answers
Question 1: The fleeing felon rule established in Tennessee v. Garner permits deadly force to stop a fleeing suspect only when:
- Any felony suspect attempts to flee on foot
- The officer has probable cause the suspect poses a significant threat of death or serious injury (Correct answer)
- The suspect has an outstanding arrest warrant
- The pursuit exceeds one mile and the suspect refuses verbal commands
Correct answer: The officer has probable cause the suspect poses a significant threat of death or serious injury
Tennessee v. Garner holds that deadly force to stop a fleeing felon is constitutional only when the officer has probable cause that the suspect poses a significant threat of death or serious bodily harm.
Question 2: A trooper is faced with a subject holding a knife at a distance of 21 feet who begins advancing. Which principle is most relevant to the decision to use deadly force?
- The 21-foot rule, which establishes an automatic right to use deadly force at that distance
- Reactionary gap — a subject with an edged weapon at close range may close the distance before an officer can react (Correct answer)
- Proportionality — a knife is never sufficient to justify a firearm
- The officer must first deploy a less-lethal option regardless of distance
Correct answer: Reactionary gap — a subject with an edged weapon at close range may close the distance before an officer can react
The reactionary gap concept recognizes that a subject with an edged weapon can cover 21 feet before an officer can typically draw and fire, making proximity a deadly-force factor.
Question 3: Which of the following is NOT a factor courts consider under the 'totality of circumstances' test for use of force?
- The officer's prior disciplinary history unrelated to this incident (Correct answer)
- The size and strength disparity between officer and subject
- Whether the suspect was under the influence of drugs or alcohol
- The time of day and lighting conditions at the scene
Correct answer: The officer's prior disciplinary history unrelated to this incident
Totality of circumstances focuses on the objective conditions at the time of the incident, not the officer's unrelated disciplinary record.
Question 4: A trooper fires warning shots into the air to deter an advancing subject. Most departmental policies and courts view this practice as:
- Acceptable as a first step before lethal force
- Prohibited because falling projectiles create a public danger (Correct answer)
- Required by law before deadly force may be used
- Acceptable only in rural areas with no bystanders
Correct answer: Prohibited because falling projectiles create a public danger
Warning shots are generally prohibited because spent rounds that travel upward must come down, creating lethal risks to bystanders.
Question 5: Under the concept of 'officer-created jeopardy,' an officer may be found to have used excessive force when:
- The officer failed to announce their presence before making contact
- The officer's own unnecessary tactical choices escalated the situation requiring force (Correct answer)
- The subject provoked the officer with verbal threats
- The officer was outnumbered during the encounter
Correct answer: The officer's own unnecessary tactical choices escalated the situation requiring force
Officer-created jeopardy refers to situations where an officer's own unreasonable actions or tactics needlessly created the dangerous circumstances that led to force.
Question 6: Which document or policy most commonly governs a trooper's authorized use-of-force options in the field?
- The state criminal code's assault statutes
- The department's Use of Force policy and the continuum it outlines (Correct answer)
- The officer's personal training record
- The suspect's prior criminal history
Correct answer: The department's Use of Force policy and the continuum it outlines
Departmental use-of-force policy defines the authorized options, progression, and reporting requirements that troopers must follow.
Question 7: A trooper responding to a disturbance finds two subjects fighting each other. One subject charges the trooper. The trooper's use of force to stop the charge is best justified as:
- Defense of a third party, because another person was already being harmed
- Self-defense, because the trooper is now the direct target of an imminent attack (Correct answer)
- Arrest authority, because the trooper has the right to detain all parties
- Preventive force, because further fighting must be stopped
Correct answer: Self-defense, because the trooper is now the direct target of an imminent attack
When a subject charges the officer directly, the immediate legal justification for force is self-defense against an imminent threat to the officer.
State Trooper Use of Force Principles 3
The fleeing felon rule established in Tennessee v.
Garner permits deadly force to stop a fleeing suspect only when: