TCOLE Use of Force Concepts 3 — Questions and Answers
Question 1: An officer encounters a mentally ill person holding a knife but standing 30 feet away, not advancing. What is generally the BEST initial response?
- Immediately draw and fire
- Use verbal commands and create distance while calling for backup (Correct answer)
- Deploy a Taser immediately
- Physically restrain the subject
Correct answer: Use verbal commands and create distance while calling for backup
Distance, cover, and verbal communication allow time for de-escalation and specialized resources while reducing immediate threat.
Question 2: What is the '21-foot rule' (Tueller Drill) primarily used to illustrate?
- The minimum distance for using a firearm
- The distance at which an edged-weapon attacker can close before an officer can draw and fire (Correct answer)
- The safe distance between officers during a search
- The range of a conducted energy device
Correct answer: The distance at which an edged-weapon attacker can close before an officer can draw and fire
The Tueller Drill demonstrates that a subject 21 feet away with an edged weapon can close that distance faster than most officers can draw and fire.
Question 3: Under Texas law, which of the following conditions must be met for a peace officer to use force?
- Force must be preauthorized by a supervisor
- Force must be reasonably necessary and lawful under the circumstances (Correct answer)
- Force can only be used after a written warning
- Force requires written consent from the district attorney
Correct answer: Force must be reasonably necessary and lawful under the circumstances
Texas Penal Code §9.51 authorizes peace officers to use force when reasonably necessary to make a lawful arrest or search.
Question 4: An officer uses a control hold to restrain a combative suspect, but the suspect later dies of positional asphyxia. What concept does this illustrate?
- Justified deadly force
- An unforeseeable outcome
- Liability for unreasonable use of force even with approved techniques (Correct answer)
- Complete immunity because a trained technique was used
Correct answer: Liability for unreasonable use of force even with approved techniques
Even approved techniques can result in liability if officers ignore distress signs or maintain restraint positions beyond what is necessary.
Question 5: Which of the following is considered 'less-lethal' force?
- A 9mm firearm
- OC pepper spray (Correct answer)
- A rifle with hollow-point ammunition
- A duty knife
Correct answer: OC pepper spray
OC (oleoresin capsicum) pepper spray is classified as less-lethal because it is designed to incapacitate without causing death.
Question 6: When does the use of force become excessive under federal law?
- Whenever a subject is injured
- When force exceeds what is objectively reasonable under the circumstances (Correct answer)
- Any time a weapon is drawn
- When the subject files a complaint
Correct answer: When force exceeds what is objectively reasonable under the circumstances
Excessive force is force beyond what an objectively reasonable officer would use given the same facts and circumstances.
Question 7: What is the primary legal concern with using force against a person who has been safely restrained and is no longer resisting?
- It may require additional paperwork
- It can constitute excessive force and violate the Fourth Amendment (Correct answer)
- It is permissible if the suspect was previously violent
- It is authorized as punishment for prior resistance
Correct answer: It can constitute excessive force and violate the Fourth Amendment
Once a suspect is safely restrained and resistance has ceased, continued force exceeds what is objectively reasonable and violates the Fourth Amendment.
TCOLE Use of Force Concepts 3
An officer encounters a mentally ill person holding a knife but standing 30 feet away, not advancing.
What is generally the BEST initial response?