TCOLE Use of Force Principles 3 — Questions and Answers
Question 1: An officer encounters a person in a mental health crisis who is unarmed but advancing slowly. What is the PREFERRED initial approach per de-escalation principles?
- Immediately deploy a Taser to control the situation
- Establish distance, use calm verbal communication, and request a mental health resource (Correct answer)
- Apply a chokehold to prevent harm to the officer
- Handcuff the subject before attempting conversation
Correct answer: Establish distance, use calm verbal communication, and request a mental health resource
De-escalation emphasizes creating space, using calm verbal techniques, and involving specialized resources when dealing with mental health crises.
Question 2: Which term describes the doctrine that officers are protected from civil liability when their conduct does not violate 'clearly established' law?
- Probable cause immunity
- Qualified immunity (Correct answer)
- Absolute immunity
- Sovereign immunity
Correct answer: Qualified immunity
Qualified immunity shields officers from civil liability unless the violated right was clearly established at the time of the conduct.
Question 3: An officer uses a control hold that results in an in-custody death. Which criminal charge could the officer face if the force was unjustified?
- Misdemeanor assault only
- Criminally negligent homicide or murder depending on mental state (Correct answer)
- No criminal liability because of peace officer immunity
- Only administrative discipline under TCOLE
Correct answer: Criminally negligent homicide or murder depending on mental state
Officers can face criminal homicide charges ranging from negligent homicide to murder if unjustified force causes a subject's death.
Question 4: Which action best demonstrates an officer's attempt to de-escalate before using force?
- Drawing a firearm immediately upon arrival
- Issuing loud, conflicting commands to create urgency
- Providing clear verbal warnings and allowing time to comply (Correct answer)
- Calling for backup before speaking to the subject
Correct answer: Providing clear verbal warnings and allowing time to comply
Clear verbal warnings with adequate time for compliance are foundational de-escalation techniques that may reduce the need for force.
Question 5: In a use-of-force continuum, 'officer presence' is considered:
- The highest level of force
- The most severe physical intervention
- The lowest or first level, relying solely on the officer's uniform and demeanor (Correct answer)
- Not a recognized level of force
Correct answer: The lowest or first level, relying solely on the officer's uniform and demeanor
Officer presence — the uniformed officer's appearance at the scene — is typically the first and lowest level on the use-of-force continuum.
Question 6: A subject is actively punching an officer. According to use-of-force principles, the officer may respond with:
- Only verbal commands until backup arrives
- Force reasonably necessary to overcome the assault and stop the threat (Correct answer)
- Deadly force immediately because any punch can be fatal
- No force because the subject may have a disability
Correct answer: Force reasonably necessary to overcome the assault and stop the threat
Active assault allows an officer to use force proportional and reasonably necessary to stop the threat, guided by the totality of circumstances.
Question 7: Under TCOLE, what is required AFTER every use-of-force incident?
- Nothing unless a complaint is filed
- Completion of a written use-of-force report documenting the incident (Correct answer)
- An immediate grand jury review
- A polygraph examination of the officer
Correct answer: Completion of a written use-of-force report documenting the incident
TCOLE and agency policy generally require officers to complete a written use-of-force report after any use-of-force incident for accountability and review.
TCOLE Use of Force Principles 3
An officer encounters a person in a mental health crisis who is unarmed but advancing slowly.
What is the PREFERRED initial approach per de-escalation principles?